After the foundation of the People’s Republic of China, the nationwide trademark registration was in the charge of the Central Bureau for Private Enterprises and the Central Administration for Industry and Commerce successively. With the resumption of State Administration for Industry and Commerce (SAIC) in 1978, Trademark Office was established directly under SAIC. According to the Trademark Law of the People’s Republic of China promulgated in 1982, and amended twice in 1993 and 2001, Trademark Office is responsible for the trademark registration and administration throughout the country, local AdministrationS for Industry and Commerce (AICs) is responsible for supervising the use of trademarks and dealing with infringements of the exclusive right to use a trademark ex officio or at the request of right-holders, with a view to protecting the legitimate rights and interests of the right-holders and consumers.
According to the Circular On SAIC’s Main Functions, Internal Organization and Staff Quota issued by General Affairs Office of the State Council on July 11,2008 (Guobanfa [2008] No.88) and the Circular on the Main Functions, Internal Organization and Staff Quota in Every Offices (Departments, Bureaus and Divisions) (Gongshangrenzi [2008] No.195) issued by SAIC on September 8, 2008, Trademark Office is under the State Administration for Industry and Commerce and is in charge of trademark registration and administration nationwide, specifically, registering and administering trademarks, protecting trademark rights and handling trademark infringement and counterfeiting cases; handling trademark disputes; strengthening the recognition and protection of well-known trademarks; registering, recording and protecting special signs and official signs; researching, analyzing and releasing trademark registration information；providing information for government decision-making and to the public; and implementing Trademark Strategy, etc.
Trademark Office consists of 24 divisions, namely, General Affairs Division, Application Acceptance Division, Examination Division I, Examination Division II, Examination Division III, Examination Division IV, Examination Division V, Examination Division VI, Examination Division VII, Examination Division VIII, Geographical Indication Examination Division, International Registration Division, Opposition Formality Check Division, Opposition Division I, Opposition Division II ,Opposition Division III and Opposition Division IV ,Trademark Information and Archives Management Division, Trademark Modification and Renewal Division, Legal Affairs Division, Trademark Supervision and Administration Division, Trademark Examination Quality Control Division ,Computer Management Division and Branch office in Zhongguancun Independent Innovation Model Park. with the quota of 285, including 1 Director General, 4 Deputy Director Generals.
Tongda Trademark Service Center was founded in 1993, whose main function is to provide service with Trademark Office. It is a supporting institution in trademark registration with a total staff of 260 (up to October 2009).
In order to solve the backlog of trademark applications, Trademark Office recruited 300 examiner assistants through Tongda Trademark Service Center on June 2, 2008, under the approval of SAIC. Senior officials were designated to instruct and guide the assistants on how to examine trademark applications, checkup the examination quality and make the final examination decision.
China Trademark & Patent Law Office Limited (CTPLO)