A Study On The Trademark Extraterritorial Squatting

With the birth and development of the trademark,the content is more and more abundant.The role of trademark in business has long been not only a sign of consumers to identify goods or service providers,many trademarks have been gradually separated from the goods and services attached to them in the long run,and formed its own unique value.Therefore,as trademarks are more likely to get the attention of the market and consumers than the goods or services they mark,they become an important basis for business and consumer choice.In the new era of globalization of economy and trade,Trademark has become an important tool for trademark holders to compete in the global market.An influential brand can directly determine the success or failure of its business activities.Therefore,trademark holders pay more and more attention to the protection and management of their trademarks and regard it as the core of its own assets.Meanwhile,the problem of trademark squatting can not be ignored.The huge commercial interest represented by the trademark is the direct cause of the trademark squatting,and the loopholes in the trademark protection system also provide a possibility for the breeding of the behavior.To date,although the countries in the world have made great progress in the legal system of trademark protection,but the problem has not been completely resolved.When a trademark holder finds the trademark held by him is confronted with the risk of being squatted,the trouble that followed would haunt them like a nightmare Judging from the present situation,almost every country and region has the phenomenon of trademark squatting,this has become a major problem for trademark holders to face when they enter the world market and seek a higher level of development.Many trademark holders in the face of this thorny problem is often helpless and in a very passive position in the process of safeguarding their own interests.Once the trademark was squatted,as for the trademark holder for both is an insurmountable gully from current or long-term development perspective.According to the geographical range,the trademark squatting can be divided into two types:the domain and the extraterritorial.Based on the improvement of trademark protection system,the space for the domain trademark squatting is less and less,moreover,the academic achievements in the research field are abundant.Therefore,this paper mainly discusses the the extraterritorial trademark squatting.This form of trademark squatting refers to the registration of a registered trademark in the country or region other than the original,and then through the use of the trademark,or the name of the protection of intellectual property under the banner of the crime of blackmail trademark litigation and other means to seek benefits.As this kind of trademark squatting often takes place outside the trademark holder,it will deal with the problem of dealing with extraterritorial legal relations on the jurisdiction and application of law and it is very complex and special on the level of law.In the context of Globalization,what is needed to solve the extraterritorial trademark squatting is not only the domain legislative and administrative measures,but also the mutual cooperation and joint mechanism formed in international intellectual property treaties and organizations,we need a broader perspective to explore the solution.