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Optimization of “Examiner’s Advice” System in China  

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”.

 

 
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