Research On The Legal Regulation Of Trademark Registration In Bad Faith

This paper adopts literature research method,empirical research method,normative analysis method and comparative analysis method to discuss the legal regulation of trademark registration in bad faith from the perspective of intellectual property law philosophy and comparative jurisprudence.And the judicial status of the trademark registration in bad faith dispute in China is expounded comprehensively.Through theoretical analysis and empirical research,it is expected to reasonably define the legal concept and legal characteristics of trademark registration in bad faith,summarize its behavior types,dig into the theoretical basis and legitimacy basis of legal regulation of trademark registration in bad faith,and expounds the current situation and the crux of the legal regulation of trademark registration in bad faith in China.Finally,some concrete suggestions will be proposed under the comparative jurisprudence vision.The body of this paper consists of four chapters:The first chapter is the legal definition of the trademark registration in bad faith.This part focuses on defining the legal concept and legal characteristics of trademark registration in bad faith,and defines the research object and scope of this paper.On the basis of induction,analysis and reflection,this paper makes a typification analysis of trademark registration in bad faith in China,which paves the way for demonstrating the theoretical basis of regulation of the malicious registration.The second chapter is the theoretical basis for the regulation of trademark registration in bad faith.This part is the answer to the legitimacy and inevitability of the regulation of trademark maliciousregistration.It makes an in-depth theoretical exploration of the theoretical basis of the regulation of malicious registration from the perspectives of the actual law,the essence of trademark and the original intention of legislation,and the balance mechanism of intellectual property interests,and draws the conclusion that the malicious registration is "the original evil","deviating from the original intention" and "the improper behavior that distorts the system".The third chapter is empirical study on the trademark registration in bad faith in China.This part adopts the empirical research method to sort out and summarize the cases of malicious trademark registration in recent five years from two perspectives of qualitative experience and quantitative data.And it expounds the overall situation of cases,the judgment content,the characteristics of the case and other judicial status quo.In particular,this paper focuses on the legal basis,judgment view and identification rules of "malice" in the regulation of trademark malice registration in judicial practice,and deeply analyzes the problems of "malice" judgment rules in judicial practice from two aspects of judgment logic and analysis methods.Moreover,this part also takes the above empirical research results as the basis to explore the crux of the regulation of malicious trademark registration in China.That is,the current system and its implementation provide possible benefits,opportunities and no fear for the malicious registrants.The fourth chapter is about how to improve the legal regulation system of trademark registration in bad faith.This part firstly adopts the method of comparative analysis,and mainly introduces the trademark legal system of developed countries,such as the United States,the United Kingdom,the European Union,Japan and the republic of Korea from the aspects of the acquisition system of trademark rights,conditions for trademark application registration,assignment of registered trademarks and legal liability for the malicious registration of trademark,and draws some relevant lessons for us to learn from.Based on the crux of the regulation of malicious trademark registration in China,the author puts forward specific suggestions to improve the legal regulation of malicious trademark registration in China from the basic concept of understandingand applying trademark law and the design and improvement of trademark law system.In a word,by putting forward the above feasible proposals,the author is committed to providing a comprehensive and targeted way to improve the legal regulation of malicious trademark registration in China.