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Trademark practice - to tell whether you are facing bad-faith applications or not?
Time: 2022-04-02
Trademark practice - to tell whether you are facing bad-faith applications or not?

Allen Zhou | Apr 2, 2022

 

The use of "bad faith application" as a ground for trademark remedies is very common in nowadays trademark practices. But, how to identify if the situation you are in fits this “spot”?

Clients might want to have a self-review before reaching a trademark agent. According to some of my communications with clients in previous cases, I share some tips here.

1. If the mark was used in other jurisdictions already;
2. If the mark belonged to the business partner;
3. If the mark was similar to those international famous brands;
4. If the mark was a celebrity’s name;
5. If the mark was related to high-profile incidents.

These tips are just examples, not specific suggestions. If any different definitions of bad-faith in other jurisdictions or any questions about the bad-faith trademark applications in China, feel free to leave your comments.

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