The State Administration for Market Regulation ("SAMR") recently issued the Several Provisions on Regulation of Trademark Registration Application Practices (the "Provisions"), with effect from December 1, 2019.

According to the Provisions, trademark registration applications should comply with the good faith principle, and should be free of certain practices, including "the intention to file a malicious trademark registration application not for the purpose of use, as banned in Article 4 of the Trademark Law". Trademark agencies are also required to observe the good faith principle. If a trademark agency knows or should know that the trademark registration application proposed by a client falls under any of certain circumstances, e.g. "being malicious and filed not for the purpose of use, which is prohibited in Article 4 of the Trademark Law", it shall refuse to be entrusted to handle the registration. In addition, the Provisions expressly state that where a registered trademark has been left unused for three consecutive years, without justifiable reasons, any entity or individual may apply with the trademark registry for invalidation of said registered trademark. Furthermore, the Provisions stress that trademark agency associations shall improve their self-regulation rules for the industry, strengthen self-discipline within the industry, take disciplinary actions against members in violation of the self-regulation rules, and make public the violation in a timely manner.

(Source: State Administration for Market Regulation)