The China Trademark Office ("CTMO") has announced new trademark examination criteria, which coming into force on January 4, 2017
The examination criteria are judicial rules (different from PRC Trademark Law or Regulations of Implementation of the PRC Trademark Law) which can be cited as legal bases in trademark prosecutions.
Important Changes
- New criteria for sound marks
- Explicitly stipulating the adoption of legal documents
- Refining Article 19.4 of the PRC Trademark Lawli Detailing Article 50 of the PRC Trademark Lawli Refining Article 15.2 of the PRC Trademark Law
- Explicitly stipulating the identified conditions for "interested party"
- Explicitly stipulating the adoption of Article 44.1 of the PRC Trademark law
- Amending the rules concerning Article 10 of the PRC Trademark Law
Reinforcing Pressure on Bad Faith
Below you may find some significant shining points in the new Trademark Examination Criteria:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.