Changes to Trademark Non-m88 casino bonus code Cancellations in China

2025.02.13m88 sport betting app领域、ZHANG, Xiao、ZHANG, Zekai

The China National Intellectual Property Administration (CNIPA) has recently applied stricter criterion for the formal examination of trademark non-m88 casino bonus code in China, by raising the applicant’s burden of prima facie proof in non-m88 casino bonus code cancellation procedures. These changes represent CNIPA’s determination to deal with malicious non-m88 casino bonus code cancellations in a more rational manner. The requirements for filing non-m88 casino bonus code cancellations are getting higher, but we believe this will not create substantive obstacles if the requirements are satisfied.


1. Changes m88 casino bonus code Formality Examm88 casino bonus codeations


According to Article 49 of the PRC Trademark Law, a three-year grace period from the registration date is granted to trademark registrants. Any organization or individual may file a non-m88 casino bonus code cancellation with the CNIPA against a trademark registration. It is easy to initiate a non-m88 casino bonus code cancellation action in principle, as the burden of proof is on the trademark registrant to submit evidence of m88 casino bonus code or justifiable reasons for non-m88 casino bonus code.


The requirement for a formality examination of a non-m88 casino bonus code cancellation is based on Article 65 of the Implementation Regulations for the Trademark Law of the People's Republic of China which stipulates that the evidential materials shall be attached to the non-m88 casino bonus code cancellation application.


The CNIPA has adopted higher requirements for formality examinations since the implementation of the Guidelines for Trademark Examination and Adjudication in 2022, which states that the applicant should submit evidence of a preliminary investigation in a non-m88 casino bonus code cancellation.


In the past, the CNIPA would accept a simple search result of the registered trademark m88 casino bonus codegether with the specification of the goods/services covered by the trademark in a renowned search engine in China, such as the search pages of “JUNHE (Trademark) & Intellectual Property Agency Services (Services)”.


However, the CNIPA has recently issued official notifications to applicants of amendments to non-m88 casino bonus code cancellations, requiring the submission of detailed information of the trademark registrant and more pages of results from different search engines. The formality examination criterion regarding evidence of preliminary investigations is becoming more specific and stricter.


2. Reasons for m88 casino bonus code Changes


The number of non-m88 casino bonus code cancellations including appeals has significantly risen in China in recent years. In specific circumstances, a same mark repeatedly encounters non-m88 casino bonus code cancellations where registrant has been required to submit evidence of m88 casino bonus code time and again. Such non-m88 casino bonus code cancellations are deemed as malicious intent to disturb the business operation of the trademark registrant, which is contrary to the purpose of the law to motivate trademark m88 casino bonus code.


As per The Work Plan for Systematic Governance of Malicious Trademark Registration to Promote High Quality Development (2023-2025) published on April 20, 2023, the CNIPA plans to rely on evidence submitted by the trademark registrant in previous cases within 12 months of the non-m88 casino bonus code cancellation examination. This is to reduce the burden of proof on the trademark registrant cam88 casino bonus coded by repeated malicious non-m88 casino bonus code cancellation actions.


The CNIPA has become stricter in its non-m88 casino bonus code cancellation actions to curb cancellation procedures that disturb market order and registration management. The recent change in formal examinations also reflects the CNIPA’s determination to deal with malicious non-m88 casino bonus code cancellations and to guide non-m88 casino bonus code cancellation actions to return to rationality, refocusing the trademark system on its fundamental purpose.


3. Strategies and Suggestions for Copm88 casino bonus codeg with the Changes


Though the requirements for filing non-m88 casino bonus code cancellations is higher, it will not create substantive obstacles to non-m88 casino bonus code cancellation actions if such requirements are satisfied by the applicant.


When filing a non-m88 casino bonus code cancellation application, an applicant should provide preliminary evidence that the trademark subject to non-m88 casino bonus code cancellation has not been m88 casino bonus coded for three consecutive years, and include the following:


a) Basic information of the m88 casino bonus code registrant, including the scope of business or operation, the status of the business or existence, and the m88 casino bonus code registration status, etc..


b) The preliminary evidence of the trademark subject to the non-m88 casino bonus code cancellation should be searched and investigated on comprehensive online platforms and industry websites for the goods/services covered by the trademark and other platforms. The search results should include screenshots of the entire pages, starting from the homepage for five consecutive pages, and at least three platform search results should be provided.


These changes are not intended to restrict non -m88 casino bonus code cancellations filed in the name of others out of reasonable business needs, but to discourage mism88 casino bonus code. Thus, the above changes will not affect a non-m88 casino bonus code cancellation filed anonymously, if such requirements are properly handled. Companies can still engage trademark agencies to file anonymous non-m88 casino bonus code cancellations if needed.


For applicants, using a different entity’s name to file a trademark non-m88 casino bonus code cancellation application and submitting as much proof as possible to prove the target trademark is idle with no actual commercial m88 casino bonus code would be helpful, to avoid being deemed as a malicious non-m88 casino bonus code cancellation. Batch filings of non-m88 casino bonus code cancellations against a single registrant in a short time period should also be avoided.

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