Amendment to Chinese Trade Mark Law on bad faith trade mark applications with no intention to use

Complaints regarding the growth of bad faith trade mark applications in China have been raised for a while now.  The existing Trade Mark Law in China does not readily imply bad faith on trade mark applicants with no genuine intention to use. On 23 April 2019, the Standing Committee of the National People’s Congress passed some amendments to the Chinese Trade Mark Law, which included addressing bad faith registrations that are not intended for actual use.  Interestingly, the amendment will only come into effect later in the year, on 1 November 2019, perhaps in line with or as part of a potential resolution of the Trump trade war. According to the amendments, bad faith trade mark applications that are not intended for use should be rejected.  The amendment further imposes a duty on trade mark agencies not to accept engagements if they know or should have known that the trademark applied for is not intended for use.  If anyone consider that a mark was…

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