Determination Criteria Of "Bad Faith" In Trademark Squatting

Trademark Squatting has been a long-term problem in our country's Trademark system,while it is true that laws and regulations against Trademark Squatting has formed system after several times revision of Trademark law,Trademark Squatting has not been eliminated for good.Even the deputy director of Trademark Office has acknowledged that due to the continuous Trademark Squatting,utilization rate of the registered trademarks is rather low.As such,the author holds that it is necessary to classify related rules and regulations about Trademark Squatting and summarized judgements issued by People's Court,and also borrow from the experiences of other country regarding the same problem.Finally,reasonable suggestions for perfecting the determination criteria of Bad Faith will be made.Chapter One is an overview of the Trademark Squatting in our country.It analyzes the reason of wild Trademark Squatting in our country,and further summarizes all the relevant laws and regulations against Trademark Squatting.At the last of this Chapter,disadvantages of current laws and regulation will be listed for further discussion.Chapter Two is an empirical study based on 100 judicial precedents collected by author.General rules,from 6 perspectives,will be extracted from those precedents,and comments will be made on these rules.Existing problems of these rules will also be explored.Chapter Three is a comparative study of European's way of determining Bad faith in Trademark Squatting.As the Trademark system of Europe is alike the one in our country,Trademark Squatting is also a problem to European,having an understanding of how Europe determines the Bad Faith when fighting Trademark Squatting will be a valuable experience for us to learn.First,this chapter will summarize the laws and regulations regarding standards for determination of “bad faith” embodied in the laws related to Trademark.Second,this chapter will further introduce the classic cases decided by OHIM / EUIPO and European Court of Justice.Last,a summary of determination criteria with respect to “bad faith” will be made on the basis of previous sections.Chapter Four focus on the suggestions to modification of our country's current determination criteria of Bad Faith.After a study on domestic way and foreign way of determining Bad Faith,targeted suggestions will be made to perfect and to uniform the determination criteria of Bad Faith in our Country.