Trademark Examination Guidelines Released Jointly by CTMO and TRAB

January 6, 2006

With the approval of the State Administration for Industry and Commerce (SAIC), the China Trademark Office (CTMO) and Trademark Review and Adjudication Board (TRAB) jointly released Trademark Examination Guidelines on December 31, 2005.

The newly released Trademark Examination Guidelines has seven parts, namely, symbols not suitable as trademarks, distinctiveness of trademarks, similar or identical trademarks, three dimensional trademarks, color of trademarks, collective and certification marks, and special signs. Wherein, the first five parts contain interpretations of relevant legal provisions so that they are more instructive and practical, whileas the later two parts contain contents of relevant provisions in the Measures on Registration and Administration of Collective and Certification Marks and the Regulations on Special Signs.

The release of the Trademark Examination Guidelines is important for unifying the guidelines for the processes of trademark examination, review and adjudication, and for enhancing transparence of governmental information on trademark matters.