China National Intellectual Property Administration, Several Provisions for Regulating the Application for the Registration of Trademarks (Draft for Comments)
国家知识产权局关于规范商标申请注册行为的若干规定 (征求意见稿)
March 06, 2019 | BY
Susan MokCNIPA defines irregular trademark application
Issued: February 12, 2019
Main contents: For the purposes of these Provisions, the phrase “irregular application for the registration of a trademark” refers to the following:
(1) applying for the registration of a trademark that imitates one well known to the relevant public to take advantage of the business reputation of another;
(2) preemptively applying to register a trademark that is used by another and has a certain influence, so as to illegitimately appropriate another's business reputation;
(3) knowing or ought to have known of the existence of a prior right but nonetheless preemptively applying to register an identical or similar trademark;
(4) repeatedly applying to register trademarks, obviously with an illegitimate objective;
(5) applying for the registration of a large number of trademarks within a short period of time, obviously exceeding a reasonable limit; or
(6) applying to register a trademark while lacking a genuine intent to use the same and lacking an actual need to secure the exclusive right to use the trademark for goods or services (Article 3).
issued: 2019-02-12This premium content is reserved for
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