2021商标审查审理指南英文

2021商标审查审理指南英文2021 Trademark Examination and Adjudication Guidelines

Abstract:

In line with the importance of international cooperation and the rising need for effective trademark management, the 2021 Trademark Examination and Adjudication Guidelines serve as a comprehensive reference for trademark examination procedures and criteria. This article provides an overview of the essential aspects covered in the guidelines.

I. Introduction

The 2021 Trademark Examination and Adjudication Guidelines play a crucial role in maintaining fair and efficient trademark examination procedures. These guidelines aim to ensure consistent and reliable evaluation of trademark applications, safeguarding the integrity of the trademark system.

II. Examination Criteria

A. Distinctiveness

One of the fundamental examination criteria is the distinctiveness of the trademark. The guidelines emphasize the importance of a mark's ability to distinguish the goods or services of one entity from those of others. It clarifies the requirements for registering distinctiveness, both absolute and relative.

B. Prior Rights

The guidelines highlight the significance of considering prior rights during trademark examination. It explains the different types of prior rights, such as registered trademarks, well-known trademarks, and copyright. The examination should take into account any potential conflicts with existing rights in order to protect the interests of right holders.

C. Similarity Analysis

To ensure the uniqueness of each registered trademark, the guidelines provide detailed instructions on conducting similarity analysis. It includes a comprehensive evaluation of not only identical or similar marks but also similar goods or services. The examination should follow consistent and transparent principles to guarantee fair judgment.

III. Examination Procedures

A. Examination Request

Trademark applicants should carefully follow the procedures outlined in the guidelines to initiate the examination properly. The guidelines provide detailed instructions on necessary documents, application forms, and fees, ensuring efficiency and transparency throughout the application process.

B. Examination Timeline

The guidelines establish a clear timeline for the examination process. They specify the duration for each examination stage, such as formality examination, substantive examination, publication, opposition period, and registration. These timeframes aim to prevent delays and maintain an expedited trademark system.