Research On Regulations Of Malicious Registration Of Trademarks In China

Malicious registration of trademarks is a common and frequent problem under the trademark registration acquisition system.Under the trademark registration system,there is often a misunderstanding that the number of trademarks represents the level of trademark protection.It is believed that the greater the number of trademark registrations,the stronger the awareness of intellectual property rights,and the higher the level of protection.In fact,there is not a one-to-one relationship between the number of registered trademarks and the quality,awareness of rights,and protection level of trademarks.The abnormal increase in the number of registered trademarks will just disrupt the trademark system and the normal market competition order.China has always implemented the trademark registration acquisition system,and the problem of malicious registration of trademarks has also been around for a long time.In order to regulate the malicious registration of trademarks in the legislation,in the recent revision of the Trademark Law of April 2019,the intention of using trademarks was specifically emphasized in an attempt to regulate the increasingly rampant registration of malicious trademarks.However,the problem of malicious registration of trademarks is not only related to the trademark registration system.Even under the system of obtaining trademark use(such as the United States),there will still be cases of malicious registration of trademarks,because the problem of malicious registration of trademarks is due to the entire trademark law.A loophole in the system has caused malicious trademark registrants to carry out malicious registration actions that violate the principle of good faith,driven by market interests.Therefore,the regulation of the malicious registration of trademarks should also weave a strict standard system from the aspects of trademark jurisprudence,trademark law legislation,trademark examination practice,trademark use behavior,trademark judicial practice and other aspects,so that malicious trademark registrants have no place to stand.This dissertation attempts to conduct a comprehensive and in-depth study on the regulation of China's trademark malicious registration.This article is divided into three parts: introduction,text and conclusion.The text is divided into the following four chapters.Chapter I: Overview of Malicious Registration of Trademarks.First,analyze the core of the concept of trademark malicious registration from a theoretical level,distinguish between trademark malicious registration and squatting,intentional,fault,possibility of confusion,not use,and trademark accumulation,and clarify the connotation and extension of the concept of trademark malicious registration.Secondly,carry on the type analysis to the specific situation of the malicious registration of the trademark,and enumerate the specific manifestations of the malicious registration of the trademark.Thirdly,specific criteria for judging the malicious registration of trademarks are proposed.Finally,the legitimacy of regulating the malicious registration of trademarks is explained from the object level of good faith principles,economics and trademark rights.Chapter II: The current system of China's trademark malicious registration regulation.Starting from China's existing trademark law legislation,combined with the latest amendments in April 2019,analyze the current status of the existing legislation on the malicious registration of trademarks,analyze the problems encountered in application,and make up for the lack of existing legislation through legal interpretation.Existing legislative loopholes that cannot be remedied by legal interpretation are left to the last chapter to focus on analyzing countermeasures.Chapter III: Experiences from the Regulations on Malicious Registration of Foreign Trademarks.Aiming at the problems discussed in the previous two chapters,reference is made to the relevant extraterritorial experience of developed countries.Mainly selected the United States represented by the use system and Japan represented by the registration system.The US trademark law has strong regulations against malicious registration,and the United States has introduced a trademark registration procedure under the trademark use system,which is of great significance to the construction of a specific system for strengthening the use of the registration system in China.Japan has the same tradition as China ?s long-term implementation of the registration system,but its trademark law has effectively curbed the emergence of malicious registration of trademarks by making up for the lack of emphasis on trademark use under the registration system.It also has reference meanings on the definition of China's trademark use standards and the legitimacy of defense trademarks.Chapter IV: The improvement of China's trademark malicious registration regulation system.Based on China's trademark legislation and judicial practice,while drawing on foreign good experience,we will improve the existing malicious trademark registration system from three dimensions: strengthening trademark use,increasing punishment for malicious registration behaviors,and malicious registration of civiladministrative procedures.This chapter is specifically divided into the six areas: introduction of the "intention to use" system,strict definition of trademark use,premise of use of trademark transfers,review of trademark use during trademark renewal,increased penalties and compensation mechanisms for malicious registration of trademarks,and regulation of malicious registration of civil cross Optimization of the program.The conclusion of the dissertation points out that,the current trend of the world's trademark registration system is the integration of both registration and use systems.Therefore,the main idea of China's trademark malicious registration regulation is to strengthen the use of trademarks on the basis of the registration system.