Research On The Determination Of Bad Faith In Trademark Registration In China

The systematic research on the subjective state of bad faith in trademark registration is rarely discussed in trademark law,so that the concept of bad faith in the trademark registration is ambiguous.Meanwhile,there are some problems to judge whether it is the trademark registration with bad faith in relevant laws and regulations.For example,there are still some bad faith registration behaviors which cannot be regulated,so the trademark authorization can rely nothing in practice.Although the trademark law was amended in 2013 to formally establish the principle of good faith,which was viewed as the guiding principle for trademark registration to curb the phenomenon of dishonesty in trademark application,the concept of bad faith and the judgment of trademark registration with bad faith are not resolved.Now,the trademark registration with bad faith is still rampant.So,it is suggested that we should analyze and study the concept of bad faith in the civil law system and some theories about bad faith,to finds out the common characteristics,starting from the concept of bad faith in civil law theory,so that the problem to judge whether the trademark registration is based on bad faith can be resolved.On the basis of that,we are to analyze four kinds of trademark registration behaviors which is based on bad faith regulated by the Trademark Law of our country,and probe into the meaning and the standard of bad faith in each kind of legal provisions.At the same time,it is also necessary to excavate and analyze the causes of the trademark registration with bad faith which cannot be regulated,and find the solutions.The thesis is divided into six parts to judge the trademark registration with bad faith and conduct a systematic research on it,combining with the practical cases and six legal regulations of trademark registration in the Trademark Law,as well as the relevant regulations in the Trademark Application Standard and Several Opinions on the Issues of Hearing Administrative Cases of Trademark Authorization in the existing legal system in China.Chapter 1 Origin and Development of the Concept of Bad faith in Trademark Law briefly introduces the correlation between the principle of good faith that is as the source of the concept of bad faith with bad faith,as well as the emergence of trademark registration behavior with bad faith in trademark registration system,and the theoretical basis of stop registration with bad faith.Chapter 2 Definition of the Concept of Bad Faith in Trademark Registration analyzes the meaning of malice in civil law theory,and analyzes the concept of malice in trademarkregistration based on that.It thinks that the malice of trademark registration can be divided into two levels that are intended behavior and bad motive.Chapter 3 The Identification of Bad Faith and Defects in China's Trademark Registration.On the basis of the detailed understanding of the legal provisions of the identification standards of bad faith,this paper puts forward some deficiencies,and finds out the problems existing in the trademark practiceChapter 4 The Enlightenment of foreign legislation and judicature to China's trademark law,analyzes the legal and judicial practice of the United States and the European Union on bad faith judgement,and puts forward some suggestions for our country.Chapter 5 Suggestions on the Improvement of Trademark Registration in China puts forward two suggestions for our country's judicial practice on the basis of previous analysis:Collate and stipulate the identification standards of bad faith in trademark registration,and effective convergence of Anti Unfair Competition Law.