New filing formality requirement of CNIPA in well-known mark dispute
Beginning from September 1st, 2021, a new filing formality requirement: “Integrity Commitment Letter for Well-known Mark Protection Request” is obliged to be submitted where well-known mark protection is claimed in opposition/review cases before CNIPA.
On August 6th, 2021, CNIPA issued a notice which required that as of 1 September 2021, the applicants who claim well-known mark protection in oppositions/invalidations need to submit “Integrity Commitment Letter for Well-known Mark Protection Request” simultaneously executed by the applicants and their agents in agreement with their arguments and evidence.
This new requirement to the applicants and their agents is to strive to create a harmonious atmosphere among the related parties. It will rigorously regulate the relevant acts of parties submitting documents and evidence when requesting the protection of well-known trademarks.
The Letter is a ready formality document prepared by CNIPA for the applicants and their agents’ execution, principally revolving around the following three contents:
- The applicants and their agents are knowledgeable of the relevant provisions of the “Trademark Law”, “Regulations on the Implementation of the Trademark Law”, “Regulations on the Recognition and Protection of Well-Known Trademarks” and other laws and regulations on the recognition and protection of well-known trademarks. Furthermore, they will fill in honestly and submit the required materials accurately following the principle of good faith.
- The applicants and their agents ensure that the relevant information and evidentiary materials in the opposition/review documents are genuine, authentic, and comprehensive. They must also establish that there are no false circumstances such as fraud, modification, concealment of evidence, instigation, bribery, and coercion of others to give false testimony.
- The applicants and their agents guarantee that there are no fraudulent acts such as spiteful, vindictive collusion with the opposed party, and no other acts of deceitfully obtaining protection of well-known trademarks by inappropriate methods.
If there is any breach of the above agreements, the applicants and their agents are responsible to receive the consequences and corresponding legal liabilities.
***Other Articles***
– You could see How To Register Trademark in China here.
– You could visit here to see Procedure of Trademark in China.
– You could visit here to check Required documents of filing trademark in China.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
