Under this new law, trademark registrations that are clearly not going to be used are regarded as filings in bad faith. Another example of bad faith filings are the variations on well-known foreign trademarks. The Chinese trademark authority will refuse applications of this kind and the applicant may even receive a warning or a fine. There will also be an opposition period, during which rights’ holders have the opportunity to object to such applications. A nullification action can also be initiated afterwards. Because the register in China is quite full, also with trademarks that have been registered with a different purpose (e.g. to sell them), the new legislation offers possibilities for foreign companies to get their trademarks registered in China.
