CNIPA: Special Action Plan to Combat Malicious Trademark Squatting

2021/03/25

 
DateMarch 25, 2021
 
 
For the further implementation of xi general secretary at the time of 25 times of the political bureau of the central collective learning's important speech spirit, earnestly implement the sessions of the national intellectual property office of the chief deployment, further increasing crackdown on malicious registered trademark behaviour, on the basis of the trademark law of the People's Republic of China regulations on the implementation of the trademark law of the People's Republic of China the provisions regulating the behavior of application for registration of trademarks, decision since March 2021, focused on malicious registered trademark special operation behavior.
 
The special action will focus on cracking down on the following acts of malicious trademark squatting, seeking improper interests, disrupting the order of trademark registration administration and causing great adverse social impact:
 
(1) Maliciously registering the names of national or regional strategies, major activities, major policies, major projects, major scientific and technological projects;
 
(2) Maliciously registering the words and symbols related to major natural disasters, major accidents and disasters, major public health events, social security events and other public emergencies, thereby harming the social and public interests;
 
(3) Maliciously squatting to register the names and symbols of major events and exhibitions with high visibility;
 
(4) viciously seizing the names of administrative divisions, mountains and rivers, scenic spots, buildings and other public resources;
 
(5) maliciously seizing the common names, trade terms and other public commercial resources of commodities or services;
 
(6) maliciously seizing the name of a public figure with high popularity, a well-known work or a role;
 
(7) maliciously seizing the trademark or other commercial mark of another person that is of high popularity or of high salience, thereby harming the prior rights and interests of another person;
 
(8) in obvious violation of the prohibition prescribed in Article 10 of the Trademark Law or in other violation of public order and good customs, which has caused major negative or negative social impact on the public interests and public order of China's politics, economy, culture, religion, nation and other social interests;
 
(9) Where the trademark agency accepts the entrustment of the principal or disrupts the order of the trademark agency by other unfair means even though it knows or should know that the principal is engaged in the above-mentioned acts;
 
(10) other obvious violations of the principle of good faith. The disposal of malicious hoarding of trademark registration applications not for the purpose of use has been separately issued for rectification.
 
Source: China intellectual property magazine