Research On Malicious Registration Of Trademarks

In accordance with the provisions of Chinese trademark law,trademark rights follow the principle of registration.Since the principle of registration in China does not involve the review of the“actual use”or“intentional use”of the application for a registered trademark,there are a number of problems,among which the malicious registration of trademarks is particularly prominent.Although the Law on Trademarks in 13 th,15th,32 nd,and 44 th clauses clarifies the corresponding legal norms for the suppression of bad faith registration,and adds honesty and credit in Article 7,but there are still some misunderstandings in the judicial practice regarding the concepts of“bad faith”and preemptive registration.There are still many disputes over the determination of malicious registration.Malicious registration still faces problems in both entities and procedures.This article analyzes and studies the legal issues related to malicious trademark registration,first clarifies the basic concepts in malicious registration,summarizes the types of malicious registration,and then sorts out the criteria for identifying malicious signatures and the identification ideas,and then proposes favorable measures to curb trademark malicious registration.