SAMR:applications for trademark registration with malicious purposes should be rejected

The State Administration for Market Regulation (SAMR) recently released the Provisions on Normalizing the Trademark Registration(draft for comments). It is clarified in the provisions that the applications for trademark registration should adhere to Article 4 of Trademark Law that the registration should be based on practical use and the need of obtaining exclusive trademark rights.

It is also stated in the draft that if the trademark registration authorities discover any violation against the provision, they can reject those malicious applications in accordance with the law and will not publicize them. For those registered trademarks that have been included in the applications for announcement of invalidation, the competent authorities should verify if the excuses for invalidation announcement are reasonable and then decide to announce in accordance with laws that such registered trademarks are invalid.