A Study On The Legal Regulation Of The Behavior Of Malicious Preemption Of Trademark

With the revision of the Trademark Law in 2013,the provisions of the Supreme people's Court on the hearing of administrative cases concerning the confirmation of trademark authorizations came into effect on March 1,2017.Trademark malicious note should be standardized has become a hot topic.This paper makes a certain analysis of the domestic and foreign research status of trademark malicious grabbing,combined with the foothold of this article,the concept of trademark malicious grabbing is interpreted,and then the specific types of trademark malicious grabbing are discussed.Understand the importance of trademark malicious preemption.The current situation of the regulation of trademark malicious preemption is as follows:And what are the loopholes to explain,the legislative provisions and judicial practice on the prevention of trademark grabbing,and the relevant provisions of the Trademark Law and related judicial interpretations in China,From the perspective of prevention before trademark malicious registration and containment after trademark malicious registration,the trademark malicious preemption behavior is regulated.The first chapter expounds the concept and present situation of trademark malicious preemption.Firstly,it defines the concept of trademark malicious preemption,and expounds the broad sense of trademark malicious preemption and the narrow sense of trademark malicious preemption.At the same time,the author thinks that the trademark malicious preemption should be generalized,which lays the groundwork for the following discussion,and puts forward his own view on the trademark malicious preemption behavior.Secondly,the author classifies the type of trademark malicious preemption in our country.It is divided into preemptive trademark and non-trademark right to analyze and prove the actual cases in each category to enhance the persuasion of the article.And against trademarks.Finally,it analyzes the legal nature of trademark malicious preemption.Then,the author analyzes the harm and regulation development of trademark malicious grabbing,and provides the theoretical basis and direction for further study.The second chapter describes the related research of trademark malicious preemption in the United States and Japan,and describes the normative role and legislative practice of the United States and Japan respectively.The third chapter mainly puts forward the corresponding solutions to the problems and defects of the malicious preemption of trademark mentioned above.The specific problems are analyzed from the following aspects: the legislative suggestion of perfecting the regulation of trademark preemption and the strengthening of the legal regulation of well-known trademark preemption.