The Relief Of The Rush-registration Of Trademark Nicknames

The phenomenon of "The relief of the rush-registration of trademark nicknames" has become one of the hot spots in the trademark industry,legal circles and in the public recently.This paper analyzes the theory of trademark commonly known as malicious preemptive registration and several typical cases,and finds that there are two deficiencies in the law when regulating trademark commonly known as malicious preemptive registration.First,the inherent defects in the trademark registration and acquisition system lead to trademark preemptive registration.Second,the regulations on trademark commonly known as "use" are not clear.After the two deficiencies are put forward,suggestions on how to make up for the two deficiencies are obtained through typical cases and theoretical comparison.In addition,this article focuses on the latest revision of the Trademark Law in April 2019.According to the characteristics of the trademark commonly known as malicious preemptive registration cases,combined with the newly revised provisions,this article summarizes the suggestions that the newly revised provisions can conform to the regulation of trademark commonly known as malicious preemptive registration.In structure,this paper is divided into three parts:The first chapter: The legal status quo of The relief of the rush-registration of trademark nicknames.This part is divided into two major plates.The first section is a theoretical overview of trademark commonly known as malicious cybersquatting.There is no definition of common name of trademark in the current law.Through the characteristics of common name of trademark cases and the sources and classifications of common name of trademark,the concept,characteristics and classifications of common name of trademark are analyzed.After that,it analyzes the forms of malice in trademark registration.Analysis of trademark commonly known as malicious preemptive registration behavior.The second section is to propose the legal deficiencies in the process of regulating trademark registration.There are two points in total,one is that the trademark registration and acquisition system causes rush registration,and the other is that the "use" provisions commonly known as trademarks are not clear.The second chapter: Legal analysis of the inadequate regulation of trademark registration.From the perspective of common brand name,this paper analyzes the trademark acquisition system.Our country implements the system of trademark registration and acquisition.Although this system has certain drawbacks,after analyzing and comparing various acquisition systems,it is believed that the system of trademark registration and acquisition should still be adhered to.The third chapter: Suggestions on the regulation of malicious registration of trademarks in China.The proposal is divided into two parts,the first part is to make up for the lack of laws regulating The relief of the rush-registration of trademark nicknames.The principle of "prior application" is changed to the principle of "compatibility",and the common name of the trademark "use" is clearly defined: the recognition of the original owner of the trademark+objective connection,and the rights of the original owner of the trademark are limited.A new regulation on "abnormal trademark application behavior" was added.The behavior of malicious registration of trademarks,commonly known as malicious registration,was included in the regulation.The regulation was clearly defined and measures were put forward to deal with the "abnormal trademark application behavior" in stages and stages.Find the part of the newly revised clause that can fit in with the regulation of The relief of the rush-registration of trademark nicknames,and sum up four points,emphasizing the obligation to use the trademark,giving the original owner of the trademark the right of dissent,pointing out in particular the obligation of the agency and the punishment for malicious application for registered trademark.