CNIPA Publishes Criteria for Determination of General Trademark Violations
The China National Intellectual Property Administration (CNIPA) has published the Criteria for Determination of General Trademark Violations ("the Determination Criteria"), which provide specific guidance to assist trademark administration, and create transparent, predictable trademark management rules for market participants.
The Determination Criteria, comprising 35 articles, elaborate on the determination of trademark violations, mainly involving the following nine types of violations mentioned in the trademark law, regulations and other relevant rules: 1) failure to use a registered trademark where such use is mandatory; 2) use of a sign that is prohibited to be used as trademark; 3) manufacturer or business operator's use of the wording "well-known trademark" in commercial activities; 4) failure of the trademark licensee to indicate its/his name and the origin of goods as required; 5) changes to a registered trademark, the name or address of a registered trademark owner or other registration items with no prior application to the authorities; 6) use of an unregistered trademark as a registered one; 7) failure to fulfil the obligation of effective management of collective trademarks or certification trademarks; 8) failure to fulfil the obligation of the administration of printing of trademarks; and 9) bad-faith application for the registration of trademark.
The Determination Criteria will come into effect on 1 January 2022.
