Recently, CNIPA issued the Guidelines for Trademark Examination and Trial (hereinafter referred to as the Guidelines), which will be take effect on January 1, 2022, and the original "Standards of Trademark Examination and Trial" will be abolished at the same time.

The Guidelines is divided into two parts: "Formal Examination and Clerical Operations" and "Trademark Examination and Trial". There are 25 chapters in the "Formal Examination and Clerical Operations", which makes systematic and comprehensive pectination to the formal examination and affairs work of trademark examination trials, stipulates the general requirements of formal examination, and refines the work standards of various trademark business forms. It regulates the classification of commodity and services, the classification of trademark text search elements, the classification of graphic elements and other search elements. It clarifies the examination standards for trademark renewal, alteration, and transfer procedures, and explains the Madrid trademark international registration application, opposition and follow-up business, regulating trademark fees, document service, trademark archives, trademark announcements, etc. In "Trademark Examination and Trial", there are 19 chapters, it improves the substantive standards of trademark examination and trial, implements the supporting requirements for the amendment of laws and regulations, stipulates the principles, scope and basic concepts of trademark examination and trial, enhances the rationality and guidance of substantive examination standards corresponding to the legislative intent of the legal provisions, and clarifies the practical requirements of the combination of consistent standard implementation and individual case examination, embedding guiding cases and adding illustration with relevant notes for the purpose of strengthening standard's guidance.

It is reported that the "Guidelines" is published by the Intellectual Property Publishing House and will be publicly released in January 2022.

From The Intellectual Property Court of the Supreme People’s Court

November 24th, 2021