On 20 April 2023, the CNIPA published its work plan against bad faith trademark registrations from 2023-2025 at the link below:

https://www.cnipa.gov.cn/art/2023/5/8/art_75_184971.html

If you wish to have a machine translation of this work plan, please let me know.

This work plan may give us an idea how the future revisions to the CN Trademark Law and relevant Implementation Rules would look like.

Several observations of my own:

· Bad faith trademark registration will be cracked down hard, to a level that could affect the creditability records of the entities involved (individuals, companies and/or agents). This may be the reason why trademark registrations in China reduced by over 50% comparing with last year 2022 (see my previous post https://www.linkedin.com/posts/tobymak_interesting-trends-from-cnipas-2023-march-activity-7056659896238276608-iBwD?utm_source=share&utm_medium=member_desktop).

· Many high level statements, but revisions of the CN Trademark Law and relevant Implementation Rules specifically targeting bad faith trademarks are expected.

· The following would be specifically cracked down on:

1) Trademarks with major adverse effects, and obviously deceptive trademarks, for example by the use of the library of prohibited words (It would be helpful if the CNIPA could at least make this library public).

2) Malicious trademark hoarding (Would this change and/or the requirements? The non-use period would remain to be 3 years according to Article (15)).

3) Trademark agents representing conflicting parties (Article (14), which means that these have actually happened).

· Trademark agents would require to be put on CNIPA records. This has already happened. See https://www.cnipa.gov.cn/art/2022/12/2/art_74_180630.html. (Better check that your agent is on the list. In any event, I never understand why trademark agents was de-regulated in about 2010).

· No mentioning of removal of the sub-class system, which is one reason how people could take advantages of loopholes to obtain closely resembling trademark registrations (for example, by specifically targeting sub-classes of goods not covered by the original mark with resembling trademark).

· Of course, no mentioning of recognition of fame established outside of China.

The above are my two cents as a patent attorney doing no substantive trademark work. I will be grateful for any education from the peers who are actually in the battlefield.

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