| The behavior of trademark malicious rush to register has seriously damaged the interests of the people who have been rush to register and disrupted the order of market economy,at the same time,it has also impacted the business environment of intellectual property,and destroyed the acquisition system and use order of trademark registration.However,the current legal system of our country does not have a clear and unified standard for the identification of malicious preemption,nor can it give sufficient and effective legal regulation.This vicious circle can not be effectively regulated by private remedies and existing laws.Only by improving the existing legal system for the regulation of trademark malicious preemption can this phenomenon be contained to the maximum extent.Therefore,based on the core spirit of the revised points of the new trademark law,starting from the typical cases in trial practice,this paper discusses the focus problems that are difficult to identify the phenomenon of malicious preemption,and compares the relevant foreign legislation with the current situation of China’s regulation,so as to put forward suggestions for China’s correct identification of the constituent elements and regulation of the phenomenon of malicious preemption of trademarks,in order to create a fresh atmosphere To contribute to the intellectual property business environment and maintain a stable trademark registration application order. |
