Publication Date:12 April 2022
Effective Date:12 April 2022
The Notice of the CNIPA on Continuing to Severely Crack Down on the Malicious Registration of Trademarks" (the Notice) states that corresponding agencies and departments will strengthen their actions against malicious trademark hoarding and squatting, the imitation of famous brands, free riding and 'clout-chasing' i.e. attempting to earn undeserved fame in various ways. There will be a general crack down on illegal acts that violate good faith and public order or customs or seek to obtain illegitimate rights and disrupt orderly trademark registration.
The Notice lists various types of typical illegal acts that will be focused on:
- Malicious squatting i.e., applications for registration of marks that are the same as, or similar to, those used by, or in connection with:
- important CCP meetings, important theories, scientific assertions, political discourses, etc.
- national strategies, national policies, major works, major scientific and technological projects, important events with high popularity, important exhibitions, and major archaeological discoveries.
- major sensitive events or emergencies such as major public health events; or
- political, economic, cultural, ethnic, religious, and other public figures with high reputation.
- The filing of trademark applications that obviously exceed the needs of normal business activities, or where there is no real intention to use.
- Copying, imitating, or plagiarizing a large number of trademarks or other commercial marks that are owned by a variety of brand owners and have a certain reputation or strong distinctiveness.
- Filing a large number of applications for the registration of marks that are the same as or similar to public cultural resources, administrative division names, common names of goods or services, industrial terms, etc.
- Transferring a large number of trademarks to multiple assignees, disrupting orderly trademark registration.
- Situations where the trademark agency knows or should know that the client is engaged in the above-mentioned acts, but still accepts the assignment or otherwise acts improperly as a trademark agent.
- Other acts that have a significant negative impact on China's trademark registration management, social public interest, or public order.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
