Article 1 The term “trademark authorization and confirmation administrative cases” as mentioned in these Regulations refers to cases where the counterparty or interested party is dissatisfied with the trademark rejection made by the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board). Cases involving administrative actions such as review, trademark disapproval review, trademark cancellation review, trademark invalidation review, and invalidation review review are filed in the People's Court. Article 2 The scope of the People's Court's review of administrative actions for trademark authorization and confirmation shall generally be determined based on the plaintiff's litigation claims and reasons. If the plaintiff does not raise a claim in the lawsuit, but the relevant determination of the Trademark Review and Adjudication Board is obviously inappropriate, the People's Court may review the relevant matters and make a ruling after all parties have stated their opinions. Article 3 The term "identical or similar" to the country name of the People's Republic of China as stipulated in Article 10, Paragraph 1, Item (1) of the Trademark Law means that the trademark mark as a whole is identical or similar to the country name, etc.

For signs that contain the country name of the People's Republic of China, etc., but are not identical or similar as a whole, if the registration of the sign as a trademark may cause damage to the dignity of the country, the People's Court may It is determined that the situation falls under Article 10, Paragraph 1, Item (8) of the Trademark Law. Article 4 If a trademark mark or its constituent elements is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the goods or the place of origin, the Trademark Review and Adjudication Board determines that it falls under Article 10, Paragraph 1 (VII) of the Trademark Law amended in 2001. ), the people's court shall support it. Article 5 If a trademark mark or its constituent elements may have a negative impact on the public interests and public order of our country, the People's Court may determine that it falls under Item (8) of Article 10, Paragraph 1, of the Trademark Law. "Other adverse effects" as specified.

Applying to register the names of public figures in the fields of politics, economy, culture, religion, ethnicity, etc. as trademarks falls within the "other adverse effects" referred to in the preceding paragraph. Article 6 A trademark sign consists of a place name of an administrative division at or above the county level or a foreign place name known to the public and other elements. If the trademark sign as a whole has a meaning different from that of a place name, the people's court shall determine that it does not fall within the scope of Paragraph 2 of Article 10 of the Trademark Law. Refers to the situation. Article 7 When the People's Court examines whether a trademark in dispute has distinctive features, it shall determine whether the trademark as a whole has distinctive features based on the general understanding of the relevant public of the goods designated by the trademark. If a trademark mark contains descriptive elements, but this does not affect its overall distinctive features; or if the descriptive mark is expressed in a unique way and the relevant public can identify the source of the goods, it shall be deemed to have distinctive features. Article 8 When the trademark in dispute is a foreign language mark, the people's court shall review and judge whether the foreign language trademark has distinctive features based on the common understanding of the relevant public in China. The inherent meaning of the foreign language in the mark may affect its distinctive features on the designated goods, but if the relevant public has low awareness of the inherent meaning and can use the mark to identify the source of the goods, it can be deemed to have distinctive features. Article 9 If an application for registered trademark is based solely on the shape of the product itself or a part of its shape as a three-dimensional mark, and it is difficult for the relevant public to recognize it as a mark indicating the source of the goods under normal circumstances, the three-dimensional mark does not have the distinctive characteristics of a trademark.

Just because the shape was originally created by the applicant or was used for the first time does not automatically lead to it having distinctive features as a trademark.

If the mark mentioned in the first paragraph has been used for a long time or extensively, and the relevant public can identify the source of the goods through the mark, the mark can be deemed to have distinctive features. Article 10 If the trademark in dispute is a legal trade name or a customary trade name, the People's Court shall determine that it is a common name as specified in Article 11, Paragraph 1, Item (1) of the Trademark Law. If it is a common name of a commodity according to legal provisions or national standards or industry standards, it shall be recognized as a common name. If the relevant public generally believes that a certain name can refer to a category of goods, it should be recognized as a common name by convention. Those listed as trade names in professional reference books, dictionaries, etc. can be used as a reference for determining conventional common names.

Conventional common names are generally judged based on the common understanding of the relevant public across the country. For goods that are fixed in the relevant market due to historical traditions, customs, geographical environment and other reasons, the people's court may determine the common name in the relevant market as a common name.

If the applicant for the trademark in dispute knew or should have known that the trademark he applied for registration was a commodity name that was customary in some regions, the people's court may treat the trademark he applied for registration as a common name.

When the People's Court examines and determines whether the disputed trademark is a generic name, it generally shall be based on the factual status on the date of trademark application. If the factual status changes when registration is approved, whether it is a common name shall be judged based on the factual status at the time of registration approval. Article 11 If a trademark sign only or mainly describes or explains the quality, main raw materials, functions, uses, weight, quantity, origin, etc. of the goods used, the People's Court shall determine that it falls under Article 11, Paragraph 1 of the Trademark Law. The circumstances specified in item (2). If a trademark mark or its constituent elements imply the characteristics of the goods but does not affect its function of identifying the source of the goods, it does not fall under the circumstances specified in this item.