Bad Faith in Trademark Registrations: Navigating Recent Changes in the U.S., EU, and China

Description

To combat bad faith filings, the U.S. Trademark Office has put in place new rules. The USPTO is conducting random audits of registration maintenance filings. These audits are part of the effort to determine whether a mark is in use with all of the goods and services identified in its Declarations of Use.

There is an increasing awareness of the need to establish and protect brands in China. As a result, there is a higher demand for trademark registrations. However, some malicious registrants seek to register the trademarks of others. Because many foreign brands are not known to the Chinese market, they are often the easiest targets. In recent years, China revised the criteria to determine a malicious registration and set a new standard for "improper means."

Within EU trademark law, a trademark owner must demonstrate actual use of the trademark within a time frame. If use cannot be proved, the mark is at risk of invalidation. Also, if the mark is re-registered in bad faith, it may be invalidated. A recent decision by the European General Court upheld a ruling canceling the MONOPOLY trademark registration after finding the re-filed mark may have been in bad faith. The decision opens the door for attacks on re-filings on the grounds of bad faith.

Listen as our authoritative panel of IP attorneys examines the recent global efforts to combat bad faith filings. The panel will focus on the recent U.S., China, and EU changes. The panel will offer best practices for dealing with bad faith registrations when they impact good faith applications. The panel will also address audits.