Recently, the Trademark Office of the China National Intellectual Property Administration mentioned in its official website consultation response that it has stopped sending official documents related to trademark cases such as trademark cancellation, trademark opposition, and invalidation to agencies, and only sends them directly to the registered address of the trademark owner via registered mail.
This adjustment signifies that the traditional "double insurance" delivery mechanism has become ineffective, and the "primary responsibility for safeguarding" trademark rights has officially returned to the right holder.
Trademark cases are subject to strict statutory deadlines. Taking the case of trademark cancellation due to non-use as an example, the right holder must submit the defense materials within two months after receiving the notification. Any delay in the transmission of documents will directly shorten the preparation time and may even result in missing the deadline for defense.
The agency is unable to grasp the progress of the case in a timely manner, making it difficult to provide forward-looking professional advice to the right holder. The synchronization of information between the right holder and the agency relies entirely on manual transfer, increasing the possibility of information omissions.
The Trademark Office will only send the documents once based on the registered address. If the documents cannot be effectively received at that address, they will be returned, and the right holder will lose the opportunity to respond. This risk is particularly prominent for trademarks that have undergone address changes or transfers.
It is recommended to designate a specific person to be responsible for email receiving and sending, and establish a document transfer mechanism with the property management or the mailroom to ensure timely receipt of official documents.
Establish an internal document management system to clarify the procedures for receiving, registering, and transferring official documents. Upon receipt of documents from the Trademark Office, complete scanning and transfer to the agency within 24 hours, while accurately marking the date of receipt.
For important trademarks, it is advisable to consider establishing a special monitoring mechanism with an agency to promptly identify potential risks through regular status searches.
All official documents from the Trademark Office are sent via registered mail, and no postage is charged. Any trademark documents requesting "cash on delivery" are fraudulent, and please do not sign for payment.
The statutory time limit for various trademark cases is calculated from the date of document delivery to the registered address, and is not based on the time when the right holder actually becomes aware of or transfers the document to the agency. This principle underscores the utmost importance of timely receipt and transfer of documents.