Trademark Examination Guidelines Released

On December 31, 2005, the China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB) jointly released a Trademark Examination Guidelines.

The Guidelines outlines the specific standards examiners are to follow in trademark examinations, which consists of seven chapters and incorporates numerous examples. Specifically, the Guidelines provides standards for examining signs that are prohibited from being used as trademarks, standards for determining the distinctiveness of a trademark, and standards for examining identical and similar marks. The Guidelines also provides standards for examining three-dimensional marks, color-combination marks, collective and certification trademarks and special signs. This is the first time that detailed examination criteria for three-dimensional marks and color-combination marks are provided.

DAs early as 1983, a Trademark Examination Guidelines was formulated and it was amended in 1994. However, it was not publicly available. Therefore, the Guidelines released in 2005 has historical significance.

Before the official release of the Guidelines, a draft was released in the website of the CTMO and public comments were solicited. This was also the first time in the history of formulation of new governmental regulations.