Managing Intellectual Property

CTMO backs down in face of user revolt

01 September 2010

Peter Ollier, Hong Kong and Simon Crompton, London

Chinese trade mark owners' associations won a victory for brand owners in July, as the China Trade Mark Office (CTMO) effectively backed down from controversial requirements on filing documents. The unprecedented reversal appears likely to encourage greater lobbying by the industry.

For a few weeks in June, the CTMO created uncertainty among trade mark practitioners as it introduced what many described as onerous new filing requirements with little consultation.

The guidelines, which were due to come into force on July 1, would have required a trade mark applicant to sign all official forms submitted to the CTMO personally, including applications and oppositions, and to provide a copy of the company's certificate of incorporation.

Lawyers reported that this would have made it difficult for foreign applicants since it would require them to send original, Chinese-language documents by special delivery overseas to be signed...



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