An Empirical Study Anaylysis Of Bad Faith Trademark Squatting

Trademarks are intellectual property rights that represent the reputation of merchants,the quality of goods and services.Trademarks often become the decisive factor for consumers to choose goods or services.Therefore,trademark is a kind of wealth and capital,which is a tool for merchants to attract consumers.So the value is self-evident.Maintaining a normal trademark order not only protects the interests of legitimate market players,but also protects consumers' trust in trademarks,and is essential for promoting orderly competition in the market and ensuring the normal operation of the market.Although China has enacted the “Trademark Law” in 1982,the methods of trademark protection and the degree of protection have been inadequate for various reasons.Even if there are many elements that can be used as trademarks under the law,the distinctiveness of trademarks requires merchants not to use the same or similar trademarks on the same or similar products,so as to give full play to the identification function of trademarks.However,because it takes a long time and a large investment to establish the value of the trademark,in order to obtain illegitimate interests,there are more and more cases of maliciously adhering to the trademark goodwill of others.China's trademark protection adopts registrarism,that is,in order to obtain theexclusive right to use a trademark,it must apply for trademark registration,regardless of whether the trademark is actually used when applying for a trademark.At the same time,trademarks also have regional characteristics.The registration of a trademark in a country does not mean that it is protected in other countries.Therefore,in the trademark infringement,a large number of bad faith squatting trademarks have been generated,that is,the legally prior rights of others,the unregistered trademarks used in advance are applied for their own trademarks,or the registered trademarks of others are different or Registering on non-similar goods to obtain exclusive rights to trademarks in order to obtain illegitimate interests.Because the trademark registration certificate can be obtained after the trademark is squatted,the bad faith trademark can be put on a legal coat,so it is more favored by the infringer.The trademark review case applications accepted by the Trademark Review and Adjudication Board and the trademark cases accepted by the courts at all levels showed an increasing trend.A large number of trademark confirmation rights and trademark infringement disputes seriously undermined the normal trademark order.Moreover,with the development of the network,the emergence of new economic forms and new market models,trademark infringements such as trademark infringement and sale of counterfeit goods are becoming more and more secretive,the risk of infringement is small,the cost is low,and the rights of rights holders are increasingly high.Trademark authorization and authorization administrative cases account for a large proportion of intellectual property cases.According to statistics,in 2015,Beijing's intellectual property courts handled a total of 7,545 first-instance cases,and trademark authorization and authorization administrative cases accounted for about 73%,reaching 5,501.The increase in such cases not only occupies a large amount of rights to protect the rights of enterprises,but also affects the normal operation of enterprises,and wastes administrative resources and judicial resources.Looking at China's trademark legal system,there is no detailed description of the definition of bad faith squatting,and the terms of bad faith squatting are scattered in various articles.Judging from the results of the trial of trademark confirmation cases,the results of the certifications of the Trademark Office,the Trademark Review Boardand the courts at all levels are also different.Most of the disputes in trademark cyber squatting cases are based on the definition of “bad-faith”.On March 1,2017,the "Trademark Authorization and Determination Provisions " was implemented,and the bad faith squatting of trademarks was fully reflected in the regulations.Not only the protection of name,copyright and trade name rights was elaborated in the articles,but also the name of the work,the name of the role in the work,etc.as the prior rights and interests are included in the scope of protection,further embodying the judicial orientation of protecting the integrity of the operation of China and curbing the bad faith squatting of other people's trademarks.Although the " Trademark Authorization and Determination Provisions " further explained the bad faith squatting,to a certain extent,it expanded the scope of application of bad faith squatting in the trademark law,but in practice,the form of bad faith squatting is diverse,and the legal provisions "bad-faith" has found that there is a lack of uniform standards.The bad faith squatting of trademarks is still a hot topic at present.Whether a trademark has bad faith squatting needs to be judged according to the different circumstances of the case.Therefore,in order to have a comprehensive and accurate understanding and grasp of bad faith squatting trademarks,it is necessary to conduct in-depth research on the case.Judging from the results of the court hearings,when the courts tried similar cases of bad faith squatting trademarks,there were also different judgments in the same case.Therefore,in order to curb the bad faith squatting of trademarks,we must start from the legislative level and establish a unified and standardized prevention mechanism.This article contains four chapters,which discusses in detail the current legal provisions and judicial practice of bad faith squatting trademarks in China,and combines foreign legislation and judicial practice,on this basis,puts forward the prevention and relief channels for bad faith squatting trademarks in China.The first chapter starts from the concept of bad faith trademark squatting,and analyzes the cases involving bad faith squatting in the case of trademark confirmation disputes in recent years.Then the article describes the concept and manifestation of bad faith trademark squatting and the clauses and the identification of “bad faith” inChina.In the second chapter,this articleselects the "Ge Lisi" trademark dispute case,"Jordan" series trademark dispute cases,"Star Avenue" trademark dispute case.It analyzes the bad faith squatting of other people's registered trademark,bad faith squatting celebrity name,trademark "squatting" successfully,then puts forward itsown views on the problems of the case and how to solve the problem.The third chapter compares the definition of "bad faith" by the legislation and the judiciary of the United States,the European Union and Japan.There are four levels in the fourth chapter.The prevention and regulation measures of bad faith trademark squatting in China are put forward.