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Bad Faith Trademark Filing & China’s New Rules

Beijing’s IP Court held a press conference (4/24/2017) to highlight how it intends to deal with bad-faith filing under a raft of new rules issued by Beijing.

Following are some of the new measures to be introduced.

  • Take into account the circumstance where the applicant’s bad faith has been confirmed in a previous case.
  • Publish “bad faith” cases by specifying the names of the trademark agencies and attorneys who represent the bad-faith trademark applicant.
  • Increase the burden of proof on trademark agencies when they are suspicious of violating some articles of the law concerning good faith.
  • Strengthen coordination and communication with other administrations to attack bad-faith filings.

The Beijing IP Court simultaneously publicized eighteen typical cases concerning bad-faith trademark filing (well-known trademarks, filing by the agent, filing a prior used trademark with a certain reputation, massive filing of trademarks without the intention of use, filing celebrity’s personal name).

Lexology has published a detailed report on recent developments in China here

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