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Amendments to Trademark Laws

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Sep 02, 2010 (Newsletter Issue 14/10)
China
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Guidelines on Trademarking a State Name


The Chinese Trademark Office announced new guidelines on examination of trademarks comprising "中國" (China) or using the prefix "國" (State) ("Guidelines"). The Guidelines, effective from July 28th, 2010, serve to standardise examination practice of trade marks bearing reference to "中國" (China) or "國" (State).

The four conditions should be met simultaneously:
- The establishment of the applicant must be approved by the State Council of PRC or its authorized organizations;
- The applied-for mark should be consistent with the applicant’s corporate name or its abbreviation. The abbreviation should be approved by the State Council of PRC or its authorized organizations;
- The applied-for mark and the applicant have a closely corresponding relationship; and
- The specified goods or services under the applied-for mark should be consistent with the applicant’s business scope approved by the State Council of PRC or its authorized organizations

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