China Trademark Examination & Review Standards Revised

 
The State Administration for Industry and Commerce of China (SAIC) has published on 4 January 2017 a latest revision to the Trademark Examination and Review Standards, which was made to accommodate changes brought by the revision of the Chinese Trademark Law in 2013.
 
This revision brings the following additions to the Chinese trademark examination and review standards:
  • standards for formality and substantive examination of an application for registration of a sound trademark, a type of mark newly allowed for registration with the China Trademark Office (CTMO) following the revision of the Trademark Law in 2013;
  • circumstances where examination opinions may be issued in relation to Article 29 of the Trademark Law, which states that CTMO may issue an examination opinion if it deems that the contents of a trademark application require further explanation or revision;
  • application in examination practice of Article 19.4 of the Trademark Law, which relates to trademark applications filed by trademark agencies other than those relating to the agencies' entrusted services;
  • application in examination practice of Article 50 of the Trademark Law, which states that: "Where a registered trademark has been canceled, has been declared invalid, or has not been renewed upon expiration, the China Trademark Office shall, during one year from the date of cancellation, invalidation, or removal, refuse to accept any application for registration of a trademark that is identical with or similar to the trademark";
  • standards for examination on preemptive registration of a mark already used by a specific interested party under Article 15.2 of the Trademark Law; and
  • identification of an "interested party", as a filer of opposition against registration of a trademark under Article 33 of the Trademark Law or as a requester for invalidation of a registered trademark under Article 45 of the Trademark Law. 
In addition, the revision also makes corresponding modifications to reflect amendments to Article 10 of the Trademark Law, which relates to signs not allowed for registration as a trademark, as well as removes and adds examples for illustration purposes.
 
 
 
Related link: Trademark Examination and Review Standards (Chinese version only) published by the State Administration for Industry and Commerce of China on 4 January 2017