On March 24, 2021, the National Intellectual Property Administration of China (NIPA) released a Special Action Plan to Crack Down on Malicious Trademark Registration (the Special Action Plan), which announced that a special campaign will be launched from the month to fight against malicious trademark registration.
In addition to specifying what kind of behaviors are regarded as malicious trademark registration, the Special Action Plan also provided the actions that will be taken to combat such behaviors.
The Special Action Plan targets malicious trademark registration acts that squat the trademark of others for illegitimate benefits, disrupt the order of the trademark registration administration, and cause significant loss to business besides confusing brand identity among consumers and affecting public trust. To the more specific, the following violations are targeted:
According to Article 10 of the Trademark Law, the following marks shall not be used as a trademark:
According to the Special Action Plan, authorities will adopt such measures as legal punishment, administrative guidance, and credit restrictions, including promoting the administrative punishments of malicious registration to be included into the national public credit information.
Besides, trademark agencies engaged in malicious registrations will be cracked down, and trademark registration applications from unscrupulous trademark agencies will not be accepted by relevant authorities.
The detailed actions will be taken in stages:
During the annual Two Sessions meeting in early March 2021, enhancing intellectual property (IP) protection was one of the core points reiterated by the Government Work Report.
The protection of trademarks (TM), as a typical type of IP, has also become essential under current market internationalization trends.
In recent years, China has made efforts to improve and strengthen its trademark protection system from almost every layer to better guarantee trademark applicants and owner’ rights and benefits. These include:
In light of the administrative measures targeting bad faith trademarks, what are the steps to be taken by overseas trademark applicants?
Dezan Shira & Associates is capable of providing professional support to overseas clients, and if you have queries with regards to IP issues, you are welcome to reach us for further discussion at any time. You may email us at email@example.com.
China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done so since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at firstname.lastname@example.org.
Dezan Shira & Associates has offices in Vietnam, Indonesia, Singapore, United States, Germany, Italy, India, and Russia, in addition to our trade research facilities along the Belt & Road Initiative. We also have partner firms assisting foreign investors in The Philippines, Malaysia, Thailand, Bangladesh.
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