The Study Of Legal Regulation On Trademark Squatting

With the rapid development of the market economy,the goodwill and economic value of the enterprises represented by the trademarks are even more prominent in the trade of goods.However,under the profit driven mentality,trademark squatting is becoming more and more serious,and there are even occupational trademark squatters who often use large-scale registrations in order to make profits in the transfer of registered trademarks those already used by another person.It can be affirmed that trademark squatting is an unfair competition act that infringes on the trademark rights of the squatters,not only directly harms the economic interests of the prior users of the trademark,but also disrupts the market and causes unnecessary losses to consumers,undermines the management order of trademark registration.Then it should be regulated from the legal level.Regardless of the relevant international conventions or the national legislation of the civil law system and the Anglo-American law system,the normative designs of this kind of behavior are still relatively mature.As far as the Chinese legislation is concerned,although the processes of the rule of law has accelerated,legislators have gradually paid attention to trademark squatting and related regulations,and the laws have been continuously improving and have played a good role in practice.However,compared with extraterritorial legislation and the problems faced in judicial practice,the existing regulations still have many deficiencies.For example,there are inherent deficiencies in the registration principle,the legal nature of the squatting is not clearly defined,and existing legal norms,the existing laws and regulations are not sufficiently regulated,and there are drawbacks in the non-use of the trademark revocation system,and the regulation of trademark transfer terms is not obvious.At the same time,the Anti-Unfair Competition Law,which should be used as a basic law governing the conduct of unfair competition,has not yet explicitly included the act of squatting on trademarks in its scope of adjustment.In order to solve the problems of these legal norms,it's need to amend the trademark registration acquisition system,introduce the system of use intention explanation,clarify the nature of cybersquatting,increase regulatory measures,strengthen the unregistered well-known trademark protection system,strictly do not use the trademark revocation system,and moderate restrictions on trademark transfer.As well as,the scope of protection of the Anti-Unfair Competition Law needs to be expanded.