|
According to Rule 16 of Implementing Regulations (1993)
under the Trademark Law, the Trademark Office introduced
an “Examiner’s Advice” System on Oct. 28, 1993. In order
to further standardize “Examiner’s Advice” System, on
the basis of hearing remarks from different circles,
the Trademark Office issued a Notification on Issues
concerning “Examiner’s Advice” which provided for clear
rules in respect of contents to be modified and time-limit
of modification. It also provided that the new version
of “Examiner’s Advice” would come into use on January
1, 2001. The new rules provided that the applicant should
delete part of or limit the goods or services filed,
but should not change the composition of the mark. The
applicant would only be allowed one opportunity to modify
the items applied for. Failure to modify, expiration
of the time limit, or failure to comply with Trademark
Law after modification would result in rejection. Where
the “Examiner’s Advice” was issued by mail, the time
limit was to be based on the postmark. In case the postmark
was not clear or was absent, the time limit should be
55 days since the Trademark Office issued the “Examiner’s
Advice”.
|