中国：国知局发布《商标注册申请快速审查办法》

国家知识产权局近日发布《商标注册申请快速审查办法》*（下称《办法》），旨在提高商标审查效率，符合特定条件的申请将在20个工作日内完成审查。

The China National Intellectual Property Administration (CNIPA) has recently issued the “Measures for Expedited Examination of Trade Mark Registration Applications”* (hereinafter referred to as the “Measures”), with the aim of enhancing the efficiency of trade mark examination. Applications that meet specific criteria will be examined within twenty (20) working days.

* https://www.cnipa.gov.cn/art/2025/7/18/art_74_200690.html

根据媒体介绍，该办法出台的其中一个目的在于进一步提升商标审查质量和效率，满足市场主体的差异化需求。 

According to media reports, one of the principal objectives of these Measures is to further improve the quality and efficiency of trade mark examination, thereby accommodating the differentiated needs of various market entities.

目前，快速审查仅适用于涉及国家利益、社会公共利益或重大区域发展战略的商标注册申请，包括但不限于以下情况：

Currently, expedited examination only applies to trade mark applications that pertain to national interests, public interests, or major regional development strategies. This includes, but is not limited to, the following circumstances:

• 涉及国家战略性新兴产业或未来产业的商标申请。

  Trade mark applications involving strategic emerging industries or future industries at the national level;

  
  

• 涉及重大工程、项目、科技基础设施等的商标申请。

  Trade mark applications relating to major projects, engineering works, or significant scientific and technological infrastructure;

  
  

• 在突发公共事件期间，与应对事件直接相关的商标申请。

  Trade mark applications directly relevant to the management of public emergencies;

  
  

• 其他对维护国家利益或社会公共利益具有重大现实意义的申请。

  Other applications of significant practical importance for safeguarding national or public interests.

为启动快速审查程序，申请人需提交快速审查请求书，并提供相关证明材料。国家知识产权局在收到请求后，将对申请材料进行审核，符合条件的将在20个工作日内完成审查。但是快速受理商标申请并不等于快速批准注册，快速审查的商标注册申请在依法作出审查决定后，相关主体可以对初步审定公告的商标注册申请提出异议，或对驳回的申请提出驳回复审。 

To initiate expedited examination process, applicants are required to submit a formal request for expedited examination, together with supporting documentation. Upon receipt of the request, CNIPA will review the application materials and, if the criteria are satisfied, will complete the examination process within twenty (20) working days. It should be noted, however, that expedited acceptance of the application does not equate to expedited approval of registration. After a decision is made in accordance with the law, the concerned parties may still file oppositions against trade mark applications that have been preliminarily approved and published. The applicant may also request a review after refusal of an application.

该办法并未明确快速审查机制是否适用于外国申请人，但是从所列明的支持性文件明确要求包含省级以上政府部门出具的支持函来看，该快速审查机制应只适用于国内申请人。

The Measures do not explicitly clarify whether the expedited examination mechanism is available to foreign applicants. However, given that the supporting documents are expressly required to include letters of support issued by provincial-level or higher governmental authorities, it appears that this expedited examination mechanism is intended to be available only to domestic applicants.

同时，除了在审查上时间上加快之外，审查机制似乎对要求加快审查的申请的商品描述也作出了放松，并不要求商标申请的指定商品为本地类似商品和服务区分表中规定的标准项目，可以为国家知识权局公开的可接受的商品和服务项目名称。这似乎是暗示请求加快审查的商标申请在指定商品/服务的选择上存在一定的灵活度。

Notably, aside from the acceleration of the examination timeline, the mechanism appears to offer greater flexibility with respect to the descriptions of goods or services for which expedited examination is requested. Specifically, it is not required that the designated goods or services strictly correspond to the standard items listed in the local classification. Rather, descriptions of goods or services that are publicly recognized as acceptable by CNIPA may be used. This seems to suggest that there exists a certain degree of flexibility in the identification of designated goods or services in expedited examination requests.

众所周知，目前中国知识产权局对于商标申请的平均审查时限已经由9~12个月大大缩短至3~4个月。这个审查期间获得了很多国外申请人的认可。然而遗憾的是，从现实情况看来，审查期限缩短给申请人带来的负面效应似乎在抵消其所带来的裨益。国家知识产权局每年受理的商标申请已逾六百万件，在缩短的审查时限内完成对如此巨量的商标申请进行检索以及实质审查，无疑是十分艰巨的挑战。国家知识产权局聘请了大量的助理审查人员协助审查，虽然保障了商标申请在合理期限内完成审查，但是审查过程中适用标准的不一致性和高驳回率（高达40%）亦成为不可忽视的副作用。高驳回率相应导致申请人大量提出不使用撤销以清除在先障碍，亦成为国家知识产权局正在处理的新问题。

It is well known that the average examination period for trade mark applications at CNIPA has already been significantly reduced from nine to twelve months to as little as three to four months. This accelerated examination period has been well received by many foreign applicants. Regrettably, however, it appears that the negative effects arising from the shorter examination period are now increasingly offsetting some of its intended benefits. Given CNIPA now receives in excess of six million trade mark applications annually, the challenge of conducting searches and substantive examination on such a vast number of applications within a shortened timeframe is undeniably formidable. While CNIPA has engaged a large number of assistant examiners to help ensure that applications are processed within a reasonable period, inconsistencies in the application of examination standards and a high refusal rate (as high as 40%) have emerged as significant side effects. Consequently, the high refusal rate has led to a substantial increase in non-use cancellation actions initiated by applicants seeking to clear prior obstacles, posing a new challenge for CNIPA.

申请人虽然期待有效率的审查，但更希望审查结果是合理无歧视性的。国家知识产权局如何平衡效率和质量相信会一直成为国际品牌所有人关注的话题。

While applicants generally welcome efficient examination, they attach even greater importance to reasoned and non-discriminatory outcomes. How CNIPA will continue to balance efficiency and quality will undoubtedly remain a topic of great interest among international brand owners.

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联系作者 Contact the author

fyang@marks-clerk.com.cn