Well-Known Trademark? Be aware of responsibilities!

China requires signing Good Faith Commitment when applying well-known trademark protection in trademark disputes.
Last month, the Chinese Trademark Office issued an official notice regarding the request of well-known trademark protection.

Starting from September 1, 2021, whenever there is a request of well-known trademark protection in a trademark dispute (opposition, invalidation, opposition appeal), the IPR owner (applicant), its trademark agency and the agent in person are required to sign/stamp the Letter of Good Faith Commitment for the parties requesting the Well-Known Trademark protection (“Letter of Good Faith Commitment”).

Official link of this notice: http://sbj.cnipa.gov.cn/tzgg/202108/t20210806_333421.html

According to the sample of Letter of Good Faith Commitment provided by the Office at the same time, the applicant, its trademark agency and agent are required to undertake below:

1.  Acknowledge the relevant provisions of the Trademark Law, Implementation Regulations of the Trademark Law, Regulations on the Recognition and Protection of Well-Known Trademark 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 evidentiary materials in the opposition/review documents are true, accurate, and complete, and that there are no false situations such as forgery, alteration, concealment of evidence and instigation, bribery, and coercion of others to give false testimony.

3.  Ensure that there are no dishonest acts such as malicious collusion with the counterparty, and no other acts of fraudulently obtaining protection of well-known trademarks by improper means.

If there is any violation of the above situation, I/this company, this agency and this agent are willing to bear the adverse consequences and corresponding legal liabilities.

As stated in the notice, the signing of Letter of Good Faith Commitment is in order to “strictly regulate the relevant acts of parties submitting documents and evidence when requesting well-known trademark protection”.

In recent years many companies have tried to obtain the recognition of well-known trademark by filling with fake evidence. The above Notice was issued to remind attention not to file fake evidence and to strengthen the control and punishment in such cases. Therefore, not only the trademark owner but also the agency and the attorney are reminded of such liability.