Policies and Regulations

Chapter 7 Trademark Review and Adjudication

Updated: 2010-04-22 10:59

4. Actively doing the acceptation of application document of new trademark review cases

With the increase of trademark examination and opposition cases, the newly applied cases for review also multiplied. In the year TRAB received 57,871 new cases, a 217 percent increase compared with the same time last year (26,609 cases), equal to the total amount of the three years from 2006 to 2008. Despite lack of enough staff and working support, TRAB managed to successfully complete the document collection and preliminary formality check. The excellent achievements for 2009 in TRAB came form devoted TRAB staff, wining high praise from SAIC leaders. SAIC Vice Minister Fu Shuangjian commented on “TRAB Report on 2009 Work”: in achieving the Three-Five Target, TRAB had realized a fundamental change in the status of the case proceedings and had achieved a great success. Although silently reviewing the cases, the progress they made was huge. Please give my great gratitude for all the staff!” Minister Zhou Bohua commented “in accordance with the requirement of the SAIC,TRAB had carried out careful, overall and innovative planning. Working hard and motivated, and had made great contribution to reducing the amount of backlog cases and shortening the pending period, laying a solid foundation for realizing the Three-Five target. Wish all of TRAB staff could deeply implement the Scientific Outlook of Development and firmly complete the assignments from SAIC and make more contributions on achieving the Three-Five Targets. Wish you a happy new year!

5. Actively studying how to reach international standard of trademark review and adjudication

One of the Three-Five targets set by SAIC is “achieving the international standard of trademark review and adjudication in five years”. Focusing on this target, TRAB further emancipated its mind, actively probed and collected ideas, and then compiled “the Comments on achieving the international standards of trademark review and adjudication” and presented it to the SAIC. At the same time, TRAB also involved its staff into the compiling of Plan from 2008 to 2012 on Updating TrademarkWork to International Level at SAIC, and worked hard to complete legal system, innovating institutional mechanism, information system and enhancing team building required by SAIC. Emphasizing on making the trademark review and adjudication achieving the international standards, TRAB had formed a long-term trademark review and adjudication mechanism.

6. Firmly carrying out and strictly implementing the well-known trademark determination

In the first half of 2009,TRAB strictly carried out its determination ofwell-known trademark with the same criteria, and had reviewed 206 well-known related cases, and approved 91 well-known trademarks during the procedures. Meanwhile, TRAB actively cooperated with SAIC in publicizing “the Details ofWell-Known Trademark Recognition”, creating a sound public atmosphere for the recognition.

In order to further standardize examination, under the “open and transparent” principle, TRAB compiled “Examination Standards of Well-Known Trademarks” and “Review and Adjudication Form for Well-Known Trademark Recognition” so as to standardize the procedures, detail the standards, and identify individual responsibilities.

In the examination procedure, TRAB firmly paid a lot attention to protecting innovative enterprises, large and medium-sized enterprises, fully respected the ideas of local government, enhanced the protection on rural products trademarks and geographical indications. In addition, TRAB, for the first time, approved the geographical indications as well-known trademark such as “Tanyang Gong f u ”、 “ Wu yishan Dahongpao ”、 “Jntxbl”, achieving a great economic and social benefits.