TRADEMARK SQUATTING
T e 2011 draſt of the revised law proposes to add two clauses to the existing Article 31. One of them provides, in substance, that having a commercial or geographic relationship with the owner of a previous trademark could constitute bad faith. T is is welcome, but does not solve the aforementioned requirement of proving that the earlier trademark has obtained its infl uence through use in China.
Huang Hui is the fi rst PhD/SJD in trademark law of China and one of the most reputed academics and attorney at laws in the trademark theoretical research and law practice. He frequently advises China’s top legislature on the revision of the nation’s Trademark Law, and represents the fi rm’s clients before multiple jurisdictions in China.
China remains a place where foreign trademark owners are faced with the necessity to stop the trend of trademark squatting. Compared with other jurisdictions where the authorities, administrative and judicial, are at liberty to take into account any evidence showing the bad faith intentions of a trademark applicant, or to cancel a registered trademark on the basis of subsequently revealed bad faith, the Chinese authorities are much more restricted in their approach. ■
Huang Hui is a senior partner at Wan Hui Da. He can be contacted at:
huanghui@wanhuida.com
Yang Mingming is a trademark counsel at Wan Hui Da. He can be contacted at:
yangmingming@wanhuida.com
Yang Mingming joined Wan Hui Da in 2005. He has advised extensively on IP issues in China, particularly in relation to the building and maintenance of IP rights portfolios, stopping trademark squatting, recognition of well-known trademarks, contesting provisional refusal of trademark registration, copyright registration and tailoring overall strategic schemes to safeguard IP rights in China.
www.worldipreview.com
World Intellectual Property Review May/June 2012
29
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