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    The Trademark Office Is Determined To Solve The Backlog Problem Of Trademark Review For Three Years.

    2009/4/28 14:14:00 42050

    Today is the Ninth World Intellectual Property Day. Li Jianchang, director general of the Trademark Bureau of the State Administration for Industry and Commerce on this special occasion, said that at present, the dilemma of slow application of trademark in China will be reversed in three years. The Trademark Office has signed a "military order" with the State Administration for Industry and commerce to ensure that the backlog will be settled within three years. By 2010, the time limit for trademark examination will be shortened to one year, reaching the international standard.

    At present, the problem of slow application of trademark which is widely criticized at home and abroad has made a historic breakthrough. In 2008, the application for trademark registration increased by 85.27% over 2007.

    The trademark has been approved and the subject of rights has disappeared in the market competition.

    The trademark license has been approved and the subject of the right has disappeared in the market competition.

    This is not only a satire for the long period of application for trademark in China, but in fact it is a kind of "accusation".


    It is understood that the rapid growth of China's trademark application starts with reform and opening up.

    In 1979, the total number of effective registered trademarks in China was more than 3.25 pieces. By 2000, the number of trademark registration applications had reached over 22.3.

    The rate of increase in 2002 was as high as 37.54%.

    Since 2002, the total number of trademark applications and trademark registration applications in China has ranked first in the world for several consecutive years.

    By 2004, the number of applications for trademark registration reached nearly 588 thousand, nearly 22.6 times that of 1980, and over 700 thousand applications for trademark registration in 2006.


    In recent years, the Trademark Office examiners' annual trademark examination volume is about 3000, which is 3 times that of the US counterparts and 2 times that of Japan.

    The registration period of trademark has been up to 36 months from the date of trademark application.

    For some goods or services that have a large number of trademark applications, the examination cycle is longer.


    It is also understood that, with the huge increase in trademark applications, the complexity of the right to work is also increasing. The trademark law has initially protected only planar trademarks and trade marks, and has developed into various forms and types such as plane trademarks, three-dimensional trademarks, color combination trademarks, commodity trademarks, service trademarks, collective trademarks, certification marks, etc., which are stipulated in the current law.

    The subject of trademark right has expanded from the expansion of legal person and organization to the objective situation of natural person, which makes the examination of trademark more difficult.


    The situation of trademark confirmation does not only make the trademark applicant very anxious, but also causes the contradiction with the requirement of the international registration examination period of trademark.

    For example, China is a member of the Madrid Agreement and the Madrid Protocol for the international registration of trademarks. According to the above international registration means, the period of trademark registration applied to China is limited to 12 months or 18 months.

    If the international registered trademark is approved and registered according to the cycle, it is difficult to guarantee the prior right to apply for trademark according to ordinary procedure.


    What is even more distressing is that although some trademarks have been registered, the rights owners have disappeared in the market competition due to the long cycle.

    Although some rights holders eventually obtained the registration certificate, they should have the right to dispute the application for trademark in the later period, which resulted in the loss of the right of dispute because of exceeding the statutory time limit.

    Too long a right cycle, more unfair competitors created an opportunity.

    The Trademark Office has set up a "military order" and the volume of examination has increased by 85.27%.

    In March 2, 2007, the party and Trade Bureau of the State Administration for Industry and Commerce will speed up trademark inspection as one of the eight key tasks of the General Administration, and put forward the "35 target" to solve the backlog of trademark censorship for five years to reach the international level in three years, and determined that measures should be taken to speed up the trademark review by adopting 5 measures to examine the offices, select 300 candidates for trademark review, and improve the incentive mechanism.


    Clearly put forward the "three year task" is: in 2008, the trademark review cycle shortened from 36 months to 30 months. In 2009, the trademark inspection cycle shortened from 30 months to 19 months, and the trademark review cycle in 2010 was shortened to one year.


    Li Jianchang, director of the Trademark Office, told reporters that in March 27, 2008, the Trademark Office signed a letter of responsibility (2008-2010 years) to solve the backlog problem of trademark registration examination, and solemnly affirms that it firmly resolutely fulfilled the objective and task of "three years to solve the backlog of Trademark Review and reached the international level in five years", and handed a satisfactory answer to the masses.


    Li Jianchang said that recruitment of Trademark Review assistants is an effective means to solve the backlog problem of trademark registration applications.

    The Party committee of the State Administration for Industry and Commerce attached great importance to it. In March 2008, it made a major decision to recruit 300 trademark censorship assistant staff and 100 Trademark Review assistant staff, and the recruitment work ended in June 2008.


    The Trademark Office has formulated the "Trial Measures for the management of Trademark Review assistants". The auxiliary personnel are divided into 18 review auxiliary departments, and strict management is carried out from 8 aspects, including the work record, the quality of performance and the construction of an honest and clean government.


    Last year, we made a historic breakthrough in speeding up the trade mark review, and the workload of trademark registration examination and trademark objection ruling reached a record high.

    Under the premise of ensuring the quality of the review, a total of 749770 applications for trademark registration were registered, an increase of 85.27% over the 2007. A total of 10993 applications for trademark objections were determined, an increase of 26.75% over 2007, over 700 thousand of the annual censorship, and a reduction of the trademark review cycle from 36 months to 30 months.

    Since 2000, the volume of trademark registration examination has exceeded the number of trademark registration applications for the first time, which has made a historic change and fundamentally reversed the passive situation of trademark work.

    Editor in chief: Du Jun

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