Calcul des délais d'examen des rejets de marques en Chine : L'accent mis sur la livraison électronique

In China’s trademark registration process, understanding the deadlines for filing a refusal review (also known as a trademark re-examination) is crucial for protecting your trademark. When the China National Intellectual Property Administration (CNIPA) rejects a national trademark application (or a Madrid international application) via electronic means, specific rules apply to calculate the 15-day filing window.

This guide breaks down the electronic delivery (data message) rules under the Trademark Law of China and its Implementing Regulations, including key examples, holiday extensions, and best practices. Whether you’re a business owner, IP attorney, or applicant, mastering these timelines can prevent missed opportunities.

Key Legal Foundations for Trademark Rejection Review Deadlines

The Trademark Law of the People’s Republic of China (Article 34) states: “For a trademark application that is rejected and not to be published, the Trademark Office shall notify the applicant in writing. If the applicant disagrees, they may apply for reexamination with the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice.”

For electronic delivery, the Implementing Regulations of the Trademark Law (Article 10) specify: “When delivered by data message, it shall be deemed served 15 days from the date the document is issued, unless the party can prove the date the document entered their electronic system.”

Additionally, Article 12 of the Implementing Regulations clarifies that deadlines start from the day after receipt, and if the deadline falls on a holiday (including weekends), it extends to the next working day. CNIPA’s official response confirms that holidays include Saturdays and Sundays.

These rules ensure fairness in the digital age, but they demand proactive monitoring of the CNIPA’s online system.

How to Calculate the 15-Day Deadline Under Electronic Delivery

Step 1: Determining the Receipt Date

In electronic trademark applications submitted via the CNIPA Trademark Online Service System, rejection notices are uploaded as data messages. The receipt date is calculated from the 15th day after upload.

Step 2: Starting the Clock on the 15-Day Window

The review filing deadline begins the day after the receipt date and runs for 15 calendar days. Use these formulas for precision: Upload Date + 15 Days = Receipt; Receipt + 15 Days = End.

Holiday and Weekend Extensions: What Counts as a Holiday?

Under the Implementing Regulations, if the 15-day deadline ends on a holiday, it automatically extends to the first working day after. Key points:

• Holidays include Saturdays, Sundays, and official Chinese public holidays (e.g., National Day, Spring Festival).
• No manual request needed—it’s automatic.
• Always verify CNIPA’s holiday calendar for accuracy, as it impacts your filing timeline.

For instance, if your deadline falls during Golden Week (October 1-7), it shifts post-holiday (i.e., October 8th), giving you extra breathing room.

If you are afraid of a mistake in calculating the holiday, we strongly advise you to submit the review within the 30-day deadline.

Conclusion: Secure Your Trademark Rights with Timely Action

Calculating trademark rejection review deadlines under electronic delivery in China is calculated by 15 days + 15 days + holidays (if applicable) from upload dates. Missing the appealing window can forfeit your rights, so prioritize proactive management. For official guidance, refer to CNIPA’s resources or consult experts. Stay informed to protect your brand in one of the world’s largest markets.

Read more:

CNIPA’s reply to an inquiry about the deadline for reviewing.

Official fee for reviewing a trademark refusal.