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    EVENTS

    SAIC formulated trademark examination standards relating to tobacco and alcohol


    8/6/2010|EVENTS

    Recently, the Trademark Office under State Administration for Industry and Commerce published examination standards for trademarks which contain Chinese characters "中国"(China) or the initial word is "国"(national).  

    According to the standards, all the applications for trademarks in the combined format of "国+the name of merchandise" or the name of the trademark containing "国+the name of merchandise " will be rejected by the Trademark Office. For example,"国酒"(national alcohol),"国烟"(national tabacco) and "国茶"(national tea).These marks will not be allowed on t he ground of  exaggeration in promotion and deception, lack of distinctiveness, and bad influence.  

    However, those marks with only Chinese character "国" but not in the combined format of "国+the name of merchandise "should be treated differently unless the mark is to deceive and against the fair competition.  

    If a mark containing "中国"(China) is to be approved, 4 factors should be considered: First, the establishment of the applicant should be approved by the State Council or its authorized entities; second, the trademark should be in accordance with the name of the enterprise or its abbreviation; third, there should be a close relationship between the trademark and the applicant; Fourth, the scope of goods or services covered by the mark should be consistent with the scope of business approved.