State Administration for Market Regulation, Several Provisions for Regulating the Application for the Registration of Trademarks (Draft for Comments)

国家市场监督管理总局关于规范商标申请注册行为的若干规定 (征求意见稿)

September 20, 2019 | BY

Susan Mok

The State Administration for Market Regulation prohibits bad faith trademark registrations

Promulgated: 2019-08-30
|

Issued: August 30, 2019

Main contents: The following acts may not be committed if an application for a trademark is to be made:

(1)       reproducing, imitating or translating a third party's well-known trademark, as specified in Article 13 of the Trademark Law;

(2)       an agent or representative applying to register the principal's trademark without authorization, as specified in Article 15 of the Trademark Law; although knowing the existence of a third party's prior used trademark based on a contract, business dealings or other relationship, applying for the registration of such trademark;

(3)       infringing an existing prior right of a third party or using illegitimate means to preemptively register a third party's trademark that is already being used and has a certain degree of influence, as specified in Article 32 of the Trademark Law;

(4)       using fraud or other illegitimate means to apply for the registration of a trademark; or

(5)       otherwise breaching the principle of good faith, thereby harming socialist morals or customs or having another adverse effect.

| Issued: 2019-08-30

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