As a Chinese tradition, when there is public holiday, at least one day of the preceding or following weekend may be shifted to make a multi-day holiday. In other words, an original weekday becomes a holiday and the shifted weekend becomes a working day or days. This could be a nightmare for IP practitioners.

For trademark matters, if the deadlines fall on the shifted weekend, they cannot be extended to the next first working day. The practice on the patent matters had been the same until Jan 31, 2010. Since Feb 1, 2010, if the deadlines for patent matter fall on the shifted weekend, the deadline can be extend to the next first working day following the multi-day holidays. Recently, the Chinese trademark office and SIPO were reorganized to form one office, National Intellectual Property Administration (CNIPA). However, the practice of deadlines remain different at the moment.

Here is an example showing the difference for the National Day Holidays in 2018 (Oct 1-3, 2018). CNIPA is closed from Oct 1-7, 2018. Sept 29 & 30 replace Oct 4 & 5 and become working days. For patent matter, deadlines falling on Sept 29 & 30 can be extended to Oct 8. For trademark matter, deadlines falling on Sept 29 & 30 remain unchanged.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.