Study On The Legal Regulation Of Hoarding Trademark For Profit

The competition in today’s world economy is largely about the competition between knowledge and technology.As a symbol of distinction and recognition,trademark has become a part of our life.The protection of trademark rights is conducive to the development of the world economy,science and technology,education,culture and other aspects.The reason why the economic value of the trademark can exist is that the user of the trademark provides consumers with the quality assurance of goods or services in the market operation activities.The logo pattern of the trademark itself has no economic value.The long-term use of trademarks by trademark owners in business activities can accumulate their own goodwill.However,the goodwill of goods or services cannot stand on its own.It needs to seek for the actual commercial entity that can be followed for itself.When the entity disappears,the goodwill will also disappear.The rule of law regulates the boundary of the market and adjusts the interest relationship of various market subjects on the premise of respecting the law of market economy.In order to build a legal environment,it is necessary to perfect the legal system,standard system and social credit system.The improvement of the trademark law is conducive to the establishment of fair market competition order,the maintenance of the legitimate rights and interests of operators,and more conducive to the long-term development of China’s independent brands.However,the phenomenon of hoarding trademarks for profit without trademark use is constantly growing and showing the characteristics of scale and specialization.The frequent hoarding of trademarks for profit undermines the enthusiasm of enterprises,destroys the market order and violates the legislative purpose of the trademark law.The production and business rights and interests of the holder of the right to use a trademark that the trademark law insists on protecting shall not be exploited by the hoarder of the trademark.Trademark registration applicants who seek improper interests by hoarding trademarks shall be regulated according to law.Based on the definition of hoarding trademark profit-making behavior,this paper analyzes the components and harms of hoarding trademark profit-making behavior,and sorts out its categories.On the basis of the current legal system and the status quo of the hoarding of trademarks for profit in practice,this paper expounds on the existing problems.Strict requirements on the use of trademarks will have adverse effects and consequences on the transfer,revocationand protection of the actors who do not use trademarks after registration.It is proposed to refine the protection of the right of first use,introduce punitive damages,protect the public resources of trademarks,and improve China’s trademark legal system and order.In order to avoid the waste of social public resources and judicial resources,protect the right to exclusive use of trademarks,guarantee the quality of goods or services of producers and operators,maintain the reputation of trademarks,and promote the development of socialist market economy.