CHINA PUBLISHES NEW REGULATIONS TO CLARIFY PARTS OF THE NEW TRADEMARK LAWS WHICH GO INTO EFFECT ON DECEMBER 1ST

On October 16, 2019, the China State Administration for Market Regulation released new interim regulations in relation to normalizing trademark application behaviors, which in part define and address the “malicious trademark that is not intended for use” that was amended into the Chinese Trademark Law last April. The new regulations will become effective on December 1, 2019, and include some guidance as to the factors that will be considered in a challenge to an application on grounds that it was filed in bad faith, including: (1) the number of trademark applications & classes applied for by the applicant & related parties; (2) recognition of bad faith in other cases; and (3) identity or similarity to the name of a celebrity, etc.