The China National Intellectual Property AdministrationCNIPArecently issued the Guideline for Trademark Examination (hereinafter referred to as the Guidelinesee https://www.cnipa.gov.cn/art/2021/11/22/art_74_171575.html for details in Chinesein order to standardize the trademark examination procedures and ensure the uniform application of laws and consistent implementation of standards in all links of trademark examination and trial. The Guideline shall enter into force on January 1, 2022, and the original Standards for Trademark Examination shall be repealed at the same time.

The Guideline is divided into two parts: "Formality Examination and Affairs" and "Trademark Examination ". The "Formality Examination and Affairs" consists of 25 chapters, which systematically and comprehensively combs the formality examination and affairs of trademark examination, specifies the general requirements of formality examination, refines the standards for formality examination of various trademark procedures, and specifies the classification of goods and services, the classification of trademark text retrieval elements, the classification of graphic elements and other retrieval elements. It defines the examination standards for trademark renewal, change recordation, assignment and other procedures, explains the examination standards for Madrid international trademark registration application, opposition and follow-up procedures, etc. and standardizes trademark fees, document delivery, trademark files, trademark announcements and other aspects.

The "Trademark Examination " part consists of 19 chapters, which improves the substantive standards for trademark examination, implements the supporting requirements for the revision of laws and regulations, stipulates the principles, scope and basic concepts of trademark examination, enhances the reasoning and guidance of the legislative intent of legal provisions corresponding to the substantive examination standards, and clarifies the practical requirements of the combination of standard implementation consistency and examination case by case, and in order to enhance the guidance, guiding cases are embedded and illustrations added, supplemented by relevant notes.

In addition, in order to do well in the publicity and implementation of the Guideline and standardize the order of trademark registration application, CNIPA also issues an Interpretation of the Guideline for Trademark Examination (see the annex for details in Chinese), explaining the necessity, general ideas, considerations and main contents of the Guideline.


Annex: Interpretation of the Guideline for Trademark Examination

                                                                                                                                   (Adapted from the news of CNIPA and China IP News)


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