In recent years, bad faith trademark registrations have occurred frequently in China and become a major challenge for brand owners. Although the China National Intellectual Property Administration (CNIPA) has implemented measures through strengthened legislation and examination, such practices have yet to be effectively curbed. This article outlines key evidence types to combat bad faith registrations and explores solutions based on the current legislative framework (including analysis on the revision of the Chinese Trademark Law), aiming to help clients build a stronger trademark defense system.
What is Bad Faith Trademark Registration?
Bad faith trademark registration refers to the act of applying to register a trademark without intent to use, or with the knowledge that the applicant lacks legitimate rights, for improper purposes such as profiting from selling the mark, extorting money from bona fide businesses, or blocking competitors.
Legal grounds for Attacking Bad Faith Registrations
Under the current Chinese Trademark Law (effective November 1, 2019), bad faith registrations are clearly targeted. Once identified, legal solutions include initiating opposition if the trademark is published but not registered, or invalidation if the trademark is registered.
Article 4: Bad faith applications without intent to use shall be rejected.
Article 13: Marks copying well-known trademarks shall be rejected.
Article 15.1: Prohibits unauthorized registration by agents/representatives.
Article 15.2: Prohibits the rush registration of another party’s mark where a contractual, business or other relationship exists.
Articles 30, 31: An application for trademark registration shall not be identical or similar to a trademark already registered or applied for by another party for the same or similar goods.
Article 32: No trademark application may infringe upon another party’s existing prior rights. Rush registration of a trademark that has been used by another and has gained certain influence through illegitimate means shall be rejected.
Article 44: A registered trademark obtained by fraudulent or other illegitimate means shall be declared invalid.
In practice, in addition to the articles mentioned above, right holders can also consider filing a non-use cancellation action (Article 49) against a bad faith registration. This is a viable option if the mark has been registered for more than three years and the right holder lacks sufficient evidence to support a claim based on prior marks and/or rights.
Types of Evidence to Prove “Bad Faith” in Opposition and Invalidation
Evidence is crucial in the examination of opposition and invalidation. In practice, the argument in most cases is based on ‘inferred bad faith’, i.e. the other party should have been aware of the existence of another party’s prior rights or high reputation of another party’s prior trademarks. This heavily relies on the use and reputation of the claimant’s brand.
Therefore, it is essential for a claimant to seek out and compile as much evidence as possible to show the use and reputation of its brand. It is worth noting that, it is usually only the evidence formed in mainland China that counts. Evidence from abroad could be helpful if it can prove that the trademark’s influence has expanded to the Chinese relevant public. The following types of evidence may be helpful, including but not limited to:
3.1 Evidence Related to Applicant’s Conduct
- The CNIPA considers various elements to identify bad faith registrations
- Mass filing of trademarks far beyond normal business needs
- Mass preemptive registration of others’ marks with relatively high reputation or strong distinctiveness (including unregistered ones)
- Repeated assignment of trademarks for profit
- Offers to sell the mark at an exorbitant price or extortion letters
- Prior rulings finding the applicant’s other marks to be bad faith registrations
- Evidence of Relationship Between Parties. Malicious intent may also be established by the existence of a certain relationship between the parties.
- Evidence of agency, partnership, employment, or other relationships
- Records of prior business dealings or negotiations
3.2 Evidence Related to Right Holders
- Evidence of Prior Use. The following materials could be used to prove the prior marks’ use status and reputation:
- Ads, sales contracts, invoices showing prior use by the rightful owner;
- Evidence of the mark’s reputation in the industry, such as registration details of the trademark worldwide; sales information of the relevant goods or services; marketing or promotional information in relation to the trademark; participation of exhibitions in relation to the trademark; financial statistics in relation to the relevant goods or services; etc.
- Evidence of Prior Rights. Rights holders may invoke appropriate prior rights based on the specific circumstances.
- Prior Copyright: Evidence of the prior disclosure and publication of the rights holder’s work, such as documents related to the creation of the work; copyright and trademark registration certificates; and other evidence of public use incorporating the said work. Note: It is recommended that rights holders register their work with the China Copyright Protection Center at an early stage to serve as strong evidence.
- Prior Business Name Right: Evidence of prior registration and use of the rights holder’s business name, such as business registration certificate, business contracts and invoices; honors and certification; and other use evidence indicating the owner’s business name.
- Prior Name Right: Evidence of prior reputation of the rights holder’s name, such as authoritative media reports and promotional materials; awards and honors; and other evidence bearing the right holder’s name.
- Prior Portrait Right: Evidence of prior reputation of the rights holder’s portrait, such as portrait photos publicly released; portrait displays and event records in public venues; and other evidence using the portrait.
Conclusion and Recommendations
In recent years, China has intensified efforts to combat bad faith trademark registrations through legislative amendments and strengthened administrative and judicial practices. Specifically, the Chinese Trademark Law is currently undergoing its fifth revision. On December 27, 2025, the National People’s Congress released the Draft Amendment to the Chinese Trademark Law for public comment. This amendment includes two major changes related to bad faith registrations, which are beneficial for rights holders and are listed below.
- Changes in Articles 4.1 and 44.1: Merged and revised the bad faith provisions into Article 18 on the Draft Amendment.
Article 18: Applications for trademark registration that are clearly beyond the normal needs of production and business operations and are not intended for use shall not be registered. [related to original Article 4.1]
Trademark registration applications shall not be made by fraudulent means or other improper means. [related to original Article 44.1]
Impact on practice:
- For the change in Article 4.1, there is minimal practical impact as the standard aligns with existing CNIPA guidelines.
- For Article 44.1, the original provision is limited to be used in invalidation proceedings. After the amendment, the provision will be applicable to both opposition and invalidation proceedings, which will benefit rights holders.
- Changes in Article 13.3: Registration of the well-known mark is no longer required for dissimilar goods (see below Article 20.2 on the Draft Amendment).
Article 20.2: Where the trademark of a different or dissimilar kind of goods is a reproduction, imitation, or translation of another person’s well-known trademark and it misleads the public so that the interests of the holder of the well-known trademark are likely to be impaired, no application for its registration may be granted and its use shall be prohibited.
Impact on practice: Removes the requirement for the mark to be registered, thereby relaxing the conditions for protection of well-known marks against dissimilar goods and alleviating the burden of proof on the right holder.
In summary, rights holders should fully understand the legal tools available and take proactive measures (listed below) to safeguard their IP rights.
- File Early: Submit trademark applications for core brands before or immediately upon market entry.
- Monitor Continuously: Regularly monitor trademark gazettes to detect and oppose bad faith filings early.
- Preserve Evidence: Systematically maintain evidence of use.
- Use Combined Strategies: Flexibly utilize opposition, invalidation and non-use cancellation.
- Seek Professional Assistance: Engage specialized IP firms for monitoring and enforcement to enhance success rates.
April 2026
