Proving bad faith in trade mark dispute

(Author: Dr. Jian Xu, the China IP Blogger)

During trade mark opposition or cancellation proceeding in China, it is often necessary to prove bad faith of the other party. This is especially the case for trade mark piracy cases which are common in China. The China Trademark Office has provided a guideline list of evidence for collecting information relating to bad faith.

To decide whether the proprietor of the disputed trade mark has bad faith, the following factors can be considered:

  1. The proprietor and the opponent have had trading . . .

    This content is restricted to subscribers. Please login if you are an existing user.