On February 7, 2022, the China National Intellectual Property Administration (“CNIPA”) published a series of Questions & Answers (Q&As), to help understand the New Trademark Examination and Adjudication Criteria (“New Criteria”) that took effect on January 1, 2022.

Q&As onWell-known Trademark Recognition highlight the good faith principle under the New Criteria. Applicants must sign an undertaking to guarantee that all evidence and statements are made in good faith and honest belief and to declare that they are responsible for the authenticity, accuracy and integrity of their submissions. CNIPA may refuse to accept the recognition requests from parties with serious breach of credibility. Q&As confirm that well-known recognition will be conducted on exceptional basis only, i.e. CNIPA will consider recognizing a trademark as well-known only when no other grounds can be invoked to protect the interests of the right holder. Q&A specifies that when a trademark contains wording that is in a different language from a well-known trademark, but the wording has an established association with the well-known trademark familiar to the public, the mark will be deemed as a "translation" of the well-known trademark. Q&As also show that CNIPA has opened up for evidence from non-traditional business or media publicity areas, for example, online e-commerce sales records, electronic printouts of tax certificates, etc.

Q&As on Bad Faith Applications distinguish between trademark squatting and trademark hoarding. The former aims at freeriding famous brand names, grabbing hotspots, and exploiting the names of public figures, while the latter aims at occupying trademark resources without intent to use them. Q&As list some typical cases of malicious acts, including applying for a huge number of trademarks within a short period of time, repeatedly applying for the famous trademark of a principal or applying for trade marks of several parties, transferring a large number of trademarks to many different assignees, forcing the right holder to cooperate in business on the basis of the trademark or demanding high transfer fees or license fees or infringement damages, etc. Besides, Q&As reflect the New Criteria’s tolerance towards the reasonable defensive trademark applications in business operation, in responding to a persistent phenomenon that big enterprises may make defensive filings to prevent others from exploiting their house mark on non-core goods or services or registering similar marks that may dilute or tarnish the corporate brand.

The Q&As published by CNIPA are practice guidelines to facilitate the understanding of the New Criteria. CNIPA is generally bound by these rules in the cases brought to it for its review. If an applicant receives a CNIPA decision which is contradictory to the guideline issued by CNIPA, it may sue CNIPA to the court and the court will likely take the applicant’s position.