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Trademark Law was Revised to crack Down Bad Faith Applications

On April 23, 2019, the Standing Committee of the National People's Congress passed a decision to amend the Trademark Law (“Decision”). The Decision will become effective on November 1, 2019. It will focus on the two following issues:

Rejection of bad-faith trademark filings and registrations: The Decision stipulates that a bad faith application for trademark registration for a purpose other than the use of the trademark will be rejected during the application procedure. Other than that, for a preliminarily approved and published trademark, any person who believes that the trademark violates Trademark Law may file an opposition with the Trademark Office within three months from the date of publication. Moreover, if a trademark violates law or its registration was acquired by fraud or any other illicit means the Trademark Office can cancel it.

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