IP news
China's IP regulator reported that more than 1.27 million trademark applications were rejected and over 3,300 trademarks invalidated in three years in a drive against deceptive trademarks. For brand owners, the lesson is to describe goods honestly: in Bangladesh, deceptive marks are barred by Section 8(c) of the Trademarks Act, 2009.
China's three-part approach
1
Prevent
Evaluation guidance to stop deceptive marks being registered.
2
Monitor
A mechanism to spot misuse of existing marks in the market.
3
Invalidate
Faster procedures to remove deceptive marks once detected.
CNIPA defines a deceptive trademark as one that misrepresents a product's nature, quality, origin or characteristics. It targets "edge-ball" marks: marks that pass examination but are later used to make false claims, such as an "Organic" mark on non-organic goods.
A draft revision of China's Trademark Law, passed at first reading, adds a clause on misleading use of registered marks with heavier penalties, and CNIPA will work more closely with market regulators.
What it means for brand owners
- Describe goods and services accurately in every filing
- Avoid marks that claim quality, origin or features the goods do not have
- Expect closer checks on use after registration, in China and elsewhere
- In Bangladesh, Section 8(c) already bars marks likely to deceive or confuse the public
See common grounds of objection in Bangladesh.
China deceptive trademark questions
What is an edge-ball trademark?
A registered mark used to make false claims about quality, origin or features.
Does this affect Bangladesh filings?
Bangladesh bars deceptive marks under Section 8(c) in any case.
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