Inorder to enhance the openness and transparency of legislation and improve itsquality, the National Intellectual Property Administration will publicize Provisions on Regulating the Registration of Trademark Applications (Draft for Comment) and its explanations and solicitopinions from all sectors of society. The public can log on to the official website of the National Intellectual Property Administration or follow its WeChat public account to view the draft for comment and its explanation. Relevantunits and people from all walks of life can make specific comments on therevision and improvement of the draft for comments through the following threeways before March 14, 2019:
1.Email: tiaofasi@sipo.gov.cn;
2.Fax: 010—62083681;
3.Letter: Division II, Department of Treaty and Law, National Intellectual Property Administration, No. 6 Xitucheng Road, Haidian District, Beijing,100088 (Please indicate "regulating the registration of trademarkapplications" in the lower left corner of the envelope).
Provisions on Regulating the Registration of Trademark Applications
(Draft for Comment)
1. In order to standardize trademark registration and maintain normal trademark work order, these regulations are formulated in accordance with the Trademark Law and the Trademark Law Implementation Regulations.
2. Where an application for trademarkregistration is made, the actual need for the exclusive right to use thetrademark for the goods or services shall be included in the production and business activities, and the existing prior rights of others shall not be impaired.
If submitting or agent-submitting an application for trademark registration, it shall comply with the relevant provisions of laws, regulations and rules, abide by the principle of honesty and credit, and shall not engage in the abnormal application of trademark registration.
3. The abnormal application of trademark registration as mentioned in these Provisions means:
a. Imitate the well-known trademark for registration, taking advantage of others’ reputation;
b. Pre-emptively register trademark of some reputation others have used;
c. Preemptively apply for registration ofthe same, similar trademark under the circumstance of knowing or acknowledging the existence of other prior rights;
d. Repeated application for trademark registration with an obviously unjustifiable purpose;
e. A large number of applications for trademark registration in a short period of time, obviously exceeding the reasonable limit;
f. No real intention to apply for trademark registration, and no actual need to obtain trademark exclusive right for goods or services;
g. Other trademark application registrations that violate the principle of honesty and credit, infringe upon the legitimate rights and interests of others or disrupt the order of market operations;
h. Help others or trademark agencies to conduct trademark registration applications of the types described in items (1)through (7) of this article.
4. The unconventional application of trademark registration shall be carried out in accordance with the provisions of the Trademark Law and the Implementation Regulations of the Trademark Law asfollows:
a. Where an application for trademark registration is filed, the applicant shall submit the relevant evident and explain the reasons in accordance with Article 29 of the Trademark Law. If there is no justifiable reason or insufficient evidence, the application shallbe refused or opposed according to Article 30 or Article 35 of the Trademark Law;
b. Should a trademark registration gets approval by other unfair means as stated in Article 44 of the Trademark Law,the registered trademark shall be invalid;
c. The transfer of the registered trademark that is subject to any other adverse effects referred in Article 42 of the Trademark Law shall not be approved;
d. Where a trademark agency engages in an abnormal application for trademark registration, it shall be an act of disturbing the market order of the trademark agency by other unjustifiable means as stated in Article 68 of the Trademark Law, and shall be credited tothe credit file, and its trademark agency business shall be stopped if the circumstances are serious.
5. In addition to the provisions of the Trademark Law and the Trademark Law Implementation Regulations, the following measures may be taken to handle the abnormal registration of trademark registration according to the circumstances.
a. A notice of criticism will be circulated on the official website of the National Intellectual Property Administration and the China Intellectual Property News, and will be published in the national credit information sharing platform, and the relevant departments will take disciplinary measures by law;
b. Deduct the number of registered trademarks obtained from abnormal applications and mark them in the statistics of trademark applications of the National Intellectual Property Administration;
c. No grant, support or reward from the departments of intellectual property at all levels; the grant, support or reward shall be returned in whole or in part according to the circumstances, if the trademark registration is identified as abnormal application; if the circumstances are serious, the principal and its related entities shall not besubsidized, supported or rewarded within five years from the date of abnormal application for trademark registration;
d. Where a trademark agency engages in an abnormal application for trademark registration, the National Intellectual Property Administration shall ask its legal representative to conduct rectification, and the Trademark Industry Association shall adopt industryself-regulatory measures against the institution and relevant trademark agents;
e. If the case of defrauding funds, supportsor rewards by way of abnormal application of trademark registration constitutes a crime, it shall be transferred to the relevant authorities for criminal responsibility according to law.
6. Before taking the measures listed inArticle 5 of these Provisions, the parties shall be given an opportunity to present their opinions if necessary.
7. The departments of intellectual property at all levels shall promote the high-quality development of intellectual property rights, actively guide the public and trademark agencies to apply for trademark registration in accordance with law, and regulate the use of registered trademarks by the public in production and business activities.
Any organization or individual who discovers an abnormal application for trademark registration may report it to the National Intellectual Property Administration. Where the National Intellectual Property Administration receives a report or discovers an abnormal application for trademark registration, it shall promptly handle it according to law.
Any organization or individual that finds a registered trademark without a valid reason for three consecutive years may apply to the National Intellectual Property Administration for cancellation, which shall be revoked by the National Intellectual Property Administration.
8. This regulation shall come into force on ___ (day) ___ (month) 2019.
