Research On Legal Regulations Of Malicious Registration Of Trademarks

The “Trademark Law of the People’s Republic of China”(hereinafter referred to as the“Current “Trademark Law”)has been implemented since November 1,2019,and the concept of “ malicious ” was first proposed on the issue of regulating the malicious registration of trademarks.The Trademark Law is too abstract for the regulations governing malicious registration of trademarks,and there are certain difficulties in applying the law.There are still some differences in the interpretation of the new content of Article 4 of the Trademark Law.The identification of the new concept of "malicious" and the interpretation of "not for the purpose of use",as well as the relationship between these two concepts,There is still considerable room for interpretation,and further research is needed.In order to facilitate the application of the current Trademark Law by administrative and judicial authorities,this article analyzes the specific manifestations and current status of malicious registration in my country by studying typical cases.Summarize and sort out the relevant laws and regulations and theoretical achievements made by China on the malicious registration of trademarks,and combine the latest revisions in the laws and regulations to determine the significance of the theoretical research in this article;in addition,through the study of foreign laws and regulations on malicious registration of trademarks Judicial practice,with a view to benefiting from the benefits,to clarify the specific application of the new content of the current "Trademark Law" regulating the malicious registration of trademarks.By pointing out the shortcomings of the current legal regulations on malicious registration of trademarks,I propose some thoughts on improving this issue,especially if the malicious registration of trademarks has caused serious damage to the interests of the opposing party,can I use the punitive compensation system to regulate Thinking,as well as measures such as establishing a trademark use intention explanation system and a malicious trademark registration blacklist,to promote more effective regulation of trademark malicious registration in China.