Study On "Bad Faith" Identification In Trademark Registration

China's trademark law does not yet regulate the general provisions of bad faith trademark registration.A bad faith trademark registration can be said to be a collective term for a series of acts that infringe upon others' prior rights,disturb the normal registration order,and improperly apply for registration of a trademark.The key to judging whether a trademark registration application is legitimate or proper is whether or not the trademark registration applicant is "bad faith".According to the theory of civil law,"innocent means good faith,knowing or should know means bad faith."How to apply this rule to the judgment of "bad faith" behavior in the application for trademark law registration is worth further discussion.Knowing or not knowing and should know is just an emotionally neutral word.The specific behaviors or facts that must be known or unknown or should be known must be further understood in order to accurately understand the "bad faith"behavior in trademark registration.Therefore,the issues this article will explore are:in the context of the trademark,combined with domestic and extraterritorial legislation and judicial practice,the specific manifestations and facts of "bad faith" in trademark registration applications.In addition to the introduction and conclusion,this article is divided into four chapters.The introductory part mainly comes from our country's trademark acquisition practice and our country's existing research status on bad faith registration,which leads to the two problems that this article intends to solve:the definition and criteria of bad faith in trademark registration,the article is also closely related to these two issues.The first chapter of this article is an overview of the bad faith registration of trademarks in China,mainly discusses the provisions of the trademark law of our country on bad faith registration,as well as the deficiencies existing in the existing provisions.Although China has regulations on specific bad faith registration activities,it lacks a uniform interpretation of bad faith and a unified judgment standard on bad faith.The second chapter is to return to the civil law,to explore how the civil law theory is to study the bad faith.Among them,this chapter is divided into two parts.First of all,in civil law,bad faith are defined by the civil law from the legal level and the factual level.There is a dispute between positive and negative concepts in the judgment criteria.In addition,it is necessary to pay attention to the non-moral nature of bad faith,it is the existence of non-moral that makes the law to punish those who act in bad faith.The second is the application of bad faith in civil law in trademark registration and the problems to be paid attention to.The trademark law itself has a relatively strong administrative color,the use of trademarks,etc.should be noted in the following text.The third chapter is to jump out of our country's existing regulations,by examining the extraterritorial provisions for bad faith registration and then provide extraterritorial law for reference.This chapter is divided into three parts,from the definition,the constituent elements,and the criteria for the determination of bad faith.This part of the discussion is not limited to a specific country or region,but through the extraction of public reasoning methods,concrete discussion of specific issues,in order to more widely absorb the experience of extraterritorial law.The fourth chapter is the key part of this article.Through bad faith research on civil law and extraterritorial law on bad faith judicial practice,it tries to provide definitions and judgment criteria for bad faith acts in trademark registration.In terms of definition,it is based on subjective cognition and objective behavior.Judgment criteria are based on three aspects:knowing prior rights,improper intentions,and lack of trademark use.In addition,the article refers to innocent whether it constitutes a bad faith defense.Finally,in the conclusion part,summarize the full text,emphasizing that in addition to focusing on subjective states when defining bad faith,we must also focus on objective behaviors.We should not only focus on the civil law,but also pay attention to the unique characteristics of trademark law.In the determination of bad faith,the elements need to be integrated and summarized and refined.