Sunday, September 14, 2008


CTMO is contraction of China Trademark Office

With the approval of State Administration for Industry and Commerce , Trademark Office and Trademark Review and Adjudication Board under SAIC under SAIC jointly released “Trademark Examination Guidelines” and publicized it on “China Trademark Website” on December 31st.

In February 2004, CTMO started to revise “Trademark Examination Guidelines”, and a special team for the draft of guidelines was set up in March 2004. In the past two years, on the basis of “Trademark Examination Guidelines ” and “Notes on CTMO Trademark Examination Meeting” in recent three years as well as years of trademark examination practice, the draft team referred to trademark examination guidelines in such countries and regions as USA, France, Denmark and European Union, held about 40 discussions inside CTMO and four more discussions with TRAB, consulted USPTO and INTA began to collect public opinions on “China Trademark Website” from September 2005, and came to the final version of “Trademark Examination Guidelines”.

“Trademark Examination Guidelines” consists of seven parts, namely, examination of symbols which shall not be used as trademarks, examination of distinctiveness, examination of similar or identical trademarks, examination of three dimensional trademarks, examination of color trademarks, examination of collective and certification marks, examination of special signs. Among them, the first five provide interpretations for relevant legal provisions so that they are more instructive and operational; the latter two mainly benefit from relevant provisions in Measures on Registration and Administration of Collective and Certification Marks and Regulations on Special Signs.

The release of “Trademark Examination Guidelines” contributes greatly to unifying guidelines for trademark examination, review and adjudication, standardizing the operation and opening government affair concerning trademarks to the public.

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