Intellectual Property, Information Technology & Cybersecurity

The China National Intellectual Property Administration (CNIPA) published the new Guidelines for Trademark Examination and Trial on November 22, 2021 with effect from January 1, 2022. The Guidelines bridge the gaps between the previous edition and the amended PRC Trademark Law, which took effect in 2019. For instance, a new chapter concerning the examination of bad faith applications with no intent to use has been added. The Guidelines also consolidate principles and rules set out in previously published guidance documents and codify the existing examination practices. This article spares you the need to read through the 400- page Guidelines by distilling the must-knows and discusses potential impacts on future examination practices.

CLEAR GUIDANCE ON BAD FAITH APPLICATIONS

The amended Article 4 of the PRC Trademark Law confers the CNIPA the power to reject bad faith trademark applications with no intent to use. This also provides a basis for brand owners to challenge bad faith applications. Guidance documents have since been published explaining when Article 4 can be invoked. The Guidelines summarize factors considered by the CNIPA in practice and provide case examples illustrating the decision-making progress.

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