This is the third guest post in a 4-part series regarding defeating bad faith marks in China from Beijing East IP authors Yan Zhang, Miao Tian, & Austin Chang. Previously, we shared our insights on the application of bad faith clause with exemplary cases. This time, we are going to share cases to show how we identify the bad faith and how we present the evidence to convince the CNIPA and the courts to achieve favorable outcomes! Devil lies in the details …
Author: Yan Zhang, Miao Tian, Austin Chang
Guest Post: Tackling Bad Faith Trademark Applications or Registrations in China – Part II
This is the second guest post in a 4-part series regarding defeating bad faith marks in China from Beijing East IP authors Yan Zhang, Miao Tian, & Austin Chang. Previously, the authors shared the relevant stipulations regarding bad faith trademarks in the China Trademark Law 2019 (“Trademark Law 2019”), insights on the required factors when applying bad faith, and the current trend and practices. In the next few guest posts, they will share cases with analysis on how the China National Intellectual …
Tackling Bad Faith Trademark Applications or Registrations in China
by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …