China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for Trademarks

Borsam IP
China IP Law Update

Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks (当事人请求驰名商标保护诚信承诺书) when requesting well-known status for Chinese trademarks.  Well-known status for Chinese trademarks must be requested from the China National Intellectual Property Administration or certain courts and can be useful when squatters are attempting to register or have registered an applicant’s mark.

The letter requires both the applicant and its trademark agency or agent to promise that:

1. They know the relevant provisions of the “Trademark Law”, “Implementation Regulations 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, and fill in and submit materials as required, and follow the principle of good faith.
2. Ensure that the relevant information and evidential materials in the objection/review documents are true, accurate, and complete, and that there are no false circumstances such as forgery, alteration, concealment of evidence and instigation, bribery, and coercion of others to give false evidence.
3. Ensure that there are no dishonest acts such as malicious collusion with the opposing party, and no other acts of fraudulently obtaining protection of well-known trademarks by improper means.

Further, the signers must acknowledge that if there is any violation of the above situation, the applicant, the agency and the agent are willing to bear the adverse consequences and corresponding legal liabilities

Source: China IP Law Update