Research On Legal Regulation Of The Trademark Bad Faith Registration

In the field of intellectual property,commercial mark is the mark used by the main market players in the commodity or service to mark the source of goods or service in the production and operation activities.For enterprises,commercial mark gradually accumulates credibility along with the development of enterprises;for the daily public,commercial mark highlights the quality of goods or services and provides guideline for the selection of goods and services.Therefore,Commercial mark is an important intangible asset,whether it is for the enterprise or the daily public.Trademark bad faith registration refer to not for the purpose of use to apply for a registered trademark,mainly refers to the bad faith preemptively register trademark and not for the purpose of use to maliciously hoard trademarks.“Bad faith” is the core concept in the trademark bad faith registration.The correct understanding of “bad faith” is the key to judge the trademark bad faith registration.Preemptive trademark registration refers to aim to grab or improperly use the market reputation of another's trademark for obtaining improper profits.Among them,the intention to grab or improperly use other people's market reputation is a concrete manifestation of “bad faith”.As a result of bad faith trademark registration,operators with legitimate requirement have no trademarks to register.The economy and goodwill of the legitimate user of trademark and owner of well-known trademark have been seriously damaged.The examination pressure of the administrative examiners has been increased greatly,and the judicial resources also have been wasted.Therefore,it is extremely urgent to regulate trademark bad faith behavior.?The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Trademark Licensing and Definitive Administrative Cases?has been implemented since March 1,2017.The government and the judiciary have attached importantly with it.Here,the article intends to interpret the bad faith trademark registration under the vision of trademark law,and at the same time,provide suggestions for the regulation of bad faith behavior of trademark.This thesis first introduces the concept of commercial mark and the category,on this basis,and sums up the "bad faith" concept and the standard of affirmation in the trademark law system.On the basis of the "bad faith",the third chapter classifies and analyzes the bad faith registration,and divides the trademark bad faith registration into two types,such as clinging goodwill and abusing right.And then to analyze the causes of bad faith registration and the deficiencies in the regulation of the bad faith trademark registration.Our country laws learn from the Continental law system,this thesis unifies the European Union as the representative foreign trademark System,analyzes its regulation to the bad faith trademark registration,and carries them on the reference.The last chapter of the article proposes suggestions on the current problems of the regulation of the bad faith trademark registration in China.Starting with the bad faith identification,we need to increase the law's clear provisions for the bad faith registration,and focuse on the review and regulation on the trademark application registration stage to comprehensively curb bad faith trademark registration behaviors.