Explanation Of The Examination Decision Of Trademark Agency Applying For Trademark Registration

Recently, I received letters from a number of trademark agencies that applied for trademark registration in their own name.

The above letter indicates that the Trademark Office shall examine the application for trademark registration before May 1, 2014, in accordance with the revised trademark law and its implementation regulations, and shall not apply the amended trademark law and its implementing regulations.

To this end, my bureau's decision on the above application for trademark registration is as follows:

The sixth interpretation of the Supreme People's Court on the issue of jurisdiction over and application of trademark law after the revision of the trademark law has been promulgated in March 25, 2014 ([2014]4) stipulates that the parties have not yet approved the registration before the amendment of the trademark law is decided.

When applying for reexamination, the Trademark Review and Adjudication Board shall make a decision or order for reexamination after the decision has been carried out. If the parties concerned bring an administrative lawsuit, the people's court shall apply the amended trademark law when examining it.

Based on the above

The principle of interpretation, in April 15, 2014, the Circular of the SAIC on the implementation of the revised "trademark law of the People's Republic of China" ([2014]81) clearly stipulates that the administrative decision made by the trademark office after May 1, 2014 (including that date) shall apply to the amended trademark law for applications for trademark registration before the trademark office before May 1, 2014.

Accordingly, we should apply the amended trademark law and its implementation regulations to the trademark registration application filed by the trademark agency before May 1, 2014 in its own name.

Two. Specific decision

If the application for trademark registration filed by the trademark agency before its agency in May 1, 2014 is not accepted, the bureau shall make a decision not to accept the application according to the eighty-seventh regulation of the amended trademark law. If the notice of acceptance has been issued according to the amended trademark law, our bureau will make a decision of dismissal in accordance with the provisions of the first paragraph (8) and the nineteenth clause fourth of the tenth trade mark law of the trademark law.

At the time of examination, our bureau determines whether the trademark registration applicant is a trademark agency based on the database of trademark agency records.

If a trademark agency registered for trademark registration is not initially registered or approved for registration, any person may request a trademark registration or declare that the registered trademark is invalid through the objection procedure or the trademark registration invalid declaration procedure.