On The Cognizance Of Trademark Registration In Bad Faith

China adopts the system of obtaining trademark registration,and in this context,in order to effectively regulate such phenomena as malicious registration of trademarks,in Article 4 of China’s trademark law of 2019,the newly added content of “The application for registration of malicious trademarks not for the purpose of use shall be rejected”,as well as the content of regulating malicious registration added in other articles and the relevant penalty and compensation mechanism,can be clear and serious treatment and address the act of malicious trademark registration attitude and manner.However,the identification standard of malicious registration is not only not specified in laws and regulations,but also has not formed a unified system of judgment standards in judicial decisions.This article,starting from what laws and regulations are the basis of China’s system,analyzes the relevant judicial decisions,and draws lessons from the relevant legislation and judicial practice of relevant countries and regions,it is hoped that the cases of trademark registration in our country can be more clearly and definitely determined,which is convenient for the reasonable settlement of this kind of cases in judicial practice.This paper belongs to the direction of interpretation theory,the ultimate goal is not to find a solution but as far as possible “Malicious registration”thorough analysis,in order to facilitate the judicial practice in the direction of the solution of related issues.First of all,through sorting out and analyzing the current situation of malicious registration cases and the situation of the court hearing related cases,this leads to problems and explains the “ Use ” and “ Malicious ” of the new Article 4,the identification of malicious registration is analyzed by two main factors: “Confusion possibility”and “Influence to a certain extent”,and then the correlation analysis and the detailed identification of specific factors are carried out in the last three parts.By referring to relevant laws and regulations as well as domestic and foreign academic research,the author finally summarizes the research direction of this paper into four aspects.Among them,the new “ Trademark law ” article 4 interpretation,that is,“Use”and “Malicious”are divided into “Trademark use”and “Knowingly”or“Improper”of the subjective intent and the implementation of the“Violation of good faith principle”of the objective act of “Malicious”;The “Possibility of obfuscation”in the elements of malicious registration is divided into four elements: “Degree of protected trademark ” and so on The factors of “ Having a certain influence ” in malicious registration are divided into three factors: “ The distinctiveness of the trademark”and so on.The trademark right protected by the trademark law is the exclusive right to use the trademark.The use is not directed at the goods to which the trademark is attached,but at the trademark itself.Therefore,the purpose of malicious registration is not only to protect the legitimate trademark,at the same time,we also pay attention to the connection between commodity and trademark.In this paper,the trademark registration in bad faith as a trademark infringement from several aspects as the characteristics of the trademark identification considerations,in order to provide a new way of thinking for our trademark cases in bad faith.