China National Intellectual Property Administration: "Special Action Plan for Combating Malicious Trademark Squatting"

In accordance with the "Trademark Law of the People's Republic of China", "Regulations for the Implementation of the Trademark Law of the People's Republic of China," and "Several Provisions on Regulating Trademark Registration Acts", China National Intellectual Property Administration has decided to focus on launching special actions against malicious trademark cybersquatting from March 2021. The action target to guide the whole society to further establish a correct awareness of trademark registration, promote the stable number and quality of trademark applications, promote the high-quality development of intellectual property rights, and help create a good environment for innovation and business.

 

The special action focused on cracking down on the following acts of malicious squatting of trademarks, seeking improper interests, disrupting the order of trademark registration management, and causing greater adverse social impact:

(1) Maliciously register the names of national or regional strategies, major activities, major policies, major projects, or major scientific and technological projects;

(2) Maliciously rush to pay attention to vocabulary and signs related to public emergencies such as natural disasters, major accidents, major public health incidents, and social security incidents, harming the public interests of society;

(3) Malicious pre-registration of the names and logos of major events or major exhibitions with a relatively high reputation;

(4) Maliciously registering the names of administrative divisions, mountains and rivers, scenic spots, buildings and other public resources;

(5) Malicious squatting of public commercial resources such as generic names and industry terms of goods or services;

(6) Malicious pre-registration of the names of public figures, well-known works or character names with high popularity;

(7) Malicious pre-registration of another's trademark or other commercial mark with a relatively high reputation or a relatively strong distinctiveness, which damages the prior rights and interests of others;

(8) Obviously violate the prohibition of Article 10 of the Trademark Law and other violations of public order and good customs, causing a significant negative or negative social impact on China's political, economic, cultural, religious, ethnic and other social public interests and public order;

(9) The trademark agency knew or should know that the client is engaged in the above-mentioned acts but still accepts its entrustment or disturbs the order of trademark agency by other improper means;

(10) Other obvious violations of the principle of good faith. Another document has been issued to rectify the handling of applications for registration of malicious hoarding of trademarks that are not intended for use.