On November 23, the China National Intellectual Property Administration ("CNIPA") issued the Guide on Trademark Examination and Adjudication (the "Guide"), with effect on January 1, 2022.

The Guide consists of two parts, respectively regulating the formality examination and trademark affairs as well as trademark examination and adjudication. Among them, the part "trademark examination and adjudication" includes the examination and adjudication of: (a) malicious trademark registration applications that are not intended for use, (b) marks that cannot be used as trademarks, (c) distinctive features of trademarks, (d) identical and similar trademarks, and (e) three-dimensional mark trademarks. With the "examination and adjudication of malicious trademark registration applications that are not intended for use" as an example, the Guide lists the legal basis, interpretation, applicable elements, consideration factors, applicable scenarios, typical cases, etc., with a view to ensuring the uniform application of laws and implementation of uniform standards in the whole process of trademark examination and adjudication.

(Source: China National Intellectual Property Administration)