Discrimination And Prevention Of Malicious Registered Trademark

Trademark is a mark of commercial subject in order to distinguish the source of goods or services.As the carrier of goodwill,it is also a significant intangible assets of the enterprise.Undeniably,it is very important to the commercial subject both strategically and economically.The government makes trademark law,joins the international convention for the protection of intellectual property and establishes the management system of trademark registration,and so on.The fundamental purpose is to play the function of the trademark to distinguish the origin of goods or services,to protect market economic order and consumer rights and interests.However,Preemptive Registering of Trademark goes with trademark registration acquisition system.The rush registration helps the commercial subject to raise their own awareness to protect trademark and arouse the enthusiasm of trademark registration.On the other hand,it may also has a serious impact on the market competition order and damage legitimate rights of the trademark holder.It is necessary to make a difference between rush registration.The business subject should be encouraged to actively register a new logo according to law,establish brand strategy system,create the corecompetitive brand.But,the behavior of malicious registration should be cracked down.Therefore,it needs to have a clear understanding of the view of trademark rush registration behavior,only clear what is requisites to constitute a trademark rush registration behavior,in order to effectively combat curb trademark rush registration,maintain the normal operation of the market order.This paper starts with legal analysis of two typical cases in trademark rush registration in judicial practice,introduce the analysis of leads to problems and means of rush registration concept,types,causes and malicious to define the factors that explore ways of trademark rush registration prevention and legal remedy,and puts forward some suggestions.