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With the approval of State Administration
for Industry and Commerce (SAIC), Trademark Office (CTMO)
and Trademark Review and Adjudication Board (TRAB) 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
(1994)¡± 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 (United
States Patent and Trademark Office) and INTA (International
Trademark Association ) 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.
To down load the full text of ¡°Trademark
Examination Guidelines¡± (doc form and rar form), please click
http://sbj.saic.gov.cn/sbyw/zqyj.asp
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