Research On The Identification Of Malicious Application Of Registered Trademark

Although China's Trademark Law has been amended many times,there is no clear stipulation on malicious application of registered trademark,which leads to the occurrence of malicious application of registered trademark in practice.In recent years,malicious speculation by malicious applicants of registered trademarks using the loopholes of trademark registration application in China's Trademark Law has caused great troubles to China's market environment.This kind of behavior shows a trend of specialization and scale.In order to put an end to the chaos of the market environment and prevent the disorder of the malicious application for registered trademark,it is necessary to perfect the laws and regulations in the field of trademark law,define the standard system of malicious trademark identification and establish the social credit system of trademark application.In addition,based on the analysis of the existing legal provisions and problems in the practice of preventing malicious application of registered trademarks in China,combined with the advanced experience in the legislation and practice of the European Union and the United States to prevent malicious application of registered trademarks.This paper puts forward some suggestions on how to prevent malicious application of registered trademarks in China.In addition to the introduction,conclusion,the text is divided into four parts.The first part is the theoretical basis of the malicious application of registered trademark.Through the analysis of the word "malice" in the malicious application of registered trademark,the theory of malice in civil law and the theory of malicious trademark law are described respectively.The malicious application of registered trademark is divided into three types: famous trademark convenience model,trademark agent's malicious application type,and trademark applicant's malicious hoarding type to expound the theoretical basis of the malicious application of registered trademark.The second part,the legal defects of the malicious application of registered trademark.Through the analysis and summary of relevant cases,this paper finds out the legal dilemma of malicious identification in the application of registered trademark from two aspects of legislation and examination procedure.At the legislative level,this paper demonstrates three aspects: insufficient provisions on the possibility of trademark confusion,insufficient provisions on the identification of bad motives and bad acts andinsufficient provisions on the exception of bad intentions.At the level of examination procedure,this paper demonstrates the lack of provisions on the examination of the actual use intention in the trademark management system,the lack of punitive measures for the malicious application of a registered trademark and the lack of restrictions on the transfer of a registered trademark.The third part,the legal enlightenment of the malicious application for trademark recognition outside China.By referring to the provisions of Madrid Agreement,TRIPS Agreement and other international conventions,this paper summarizes the enlightenment of foreign legislation on China's malicious application for recognition of registered trademarks.Taking the United States and the European Union as examples,this paper points out the advantages of the two countries in the identification of malicious trademark applications worthy of China's learning,and demonstrates the shortcomings of China's current provisions of Trademark Law from the side.The fourth part,our country registered trademark malicious application recognition of the improvement of the proposal.Through the improvement of the trademark Law of China's trademark malicious application standards for the identification of legal standards and examination standards.In the stage of perfecting the legal standard,the provisions of the standard for the possibility of trademark confusion should be added,and the provisions of "bad behavior" and "knowing" can be identified as malicious applications.In the stage of trademark examination system,the illegal cost of malicious application of registered trademark should be raised,the trademark system of our country should be increasingly standardized,the overall development should be realized,and the overall goal of containing malicious application of registered trademark should be finally realized.