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Procedures for the Substantive Examination of Trademarks (2015)

商标实质审查规程

Type of laws Government policy

Issuing body Trademark Office of National Intellectual Property Administration

Promulgating date Jul 30, 2015

Effective date Jul 30, 2015

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Trademark Law

Editor(s) Lin Haibin 林海斌

The Procedures for the Substantive Examination of Trademarks were promulgated on 30 July 2015.

The Procedures consists of four parts, which aim to clarify the considerations when the Trademark Bureau conducts substantive examination on trademarks.

These considerations include:

  1. Examination of trademarks in Chinese characters

  2. Examination of trademarks in Chinese Pinyin

  3. Examination of trademarks in foreign languages

  4. Examination of trademarks in numbers

  5. Examination of trademarks in pictures

  6. Examination of trademark application on the same day

  7. Cross search of similar products

  8. Determination of the right date and right status of international registered trademarks

  9. Examination of non-exclusive parts in trademarks

  10. Examination of trademarks of “names of administrative divisions above the county level” and “foreign place names known to the public”

  11. Considerations for trademark denial and partial denial

  12. Correction of errors

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