Legal Regulation Of Malicious Trademark Registration

With the enhancement of public intellectual property protection and brand awareness,the number of trademark registration applications in China has been rising rapidly,ranking first in the world for many years in a row.In 2020,there were 9.116 million applications for trademark registration,up 20.23 percent year on year.The rapid increase in the number of trademark applications and the increasingly fierce market competition reflect the market subjects’ desire for trademark resources.China’s system of trademark registration has too much emphasis on the registration of the trademark rights,ignoring the use of trademark in the trademark for the important meaning in the process of,make malicious trademark registration behavior become a trademark registration system of natural "by-products",the growth of malicious trademark registration behavior is unreasonable not only consumes the trademark review and judicial resources,and disturbed the market order,"jolt" to the malicious registration behavior and effective supervision is imperative.Empirical research,this article USES logical argumentation,values,legal comparative law research methods,such as,aimed at the complex behavior of malicious registration of trademarks,thereby science defines the legal connotation and denotation of the behavior,using the method of economics to analyze its present situation and the causes of inductive regulation of malicious behavior the jurisprudence basis of registered trademark,and from the perspective of the entity and procedure about the troubled regulation were analyzed,and finally in the perspective of comparative law,puts forward the concrete legal regulation of perfecting suggestion.The specific content is as follows:The first part is an overview of the legal regulation of malicious trademark registration.This part mainly defines the legal concept and characteristics of malicious trademark registration,and puts forward some suggestions on its types.Due to the attribute of trademark right as a single property right,the basic principles of law and economics were innovative used to summarize the causes,make a regression thinking on trademarks,and dig into the legal basis of regulating malicious trademark registration,providing the source of legitimacy and laying the groundwork for the following.The second part is the dilemma analysis of China’s regulation of malicious trademark registration.Starting from the substantive law and procedural law,the trademark registration of adjustment and improvement of the systematic,and global integration,teasing out the existing trademark registration ignore use,unknown malicious standards,lack of responsibility system and the status of the review process trival,especially use of trademark and "malicious" identity has carried on the key analysis.The third part is the comparative study on the legal regulation of malicious trademark registration.This part uses the method of comparative analysis to focus on the introduction of foreign experience,mainly summarizes the institutional design of entities and procedures,and draws the relevant enlightenment for regulating malicious trademark registration in China.The fourth part is to improve the legal regulation of malicious trademark registration in China.The author mentioned above proved the crux of the regulation of malicious trademark registration behavior in our country,based on the trademark registration legislation and judicial practice,fully absorb the advanced experience of foreign legislation,from the emphasis on trademark use,"malicious" evaluation standard,a sound system of legal liability and to improve the procedures of trademark regulatory loopholes to response to the above conclusion,and targeted puts forward perfect our country of malicious trademark registration,the laws regulating specific proposals,of malicious trademark registration behavior regulation in our country,to provide comprehensive and targeted way to improve.It is expected to regulate and guide the registration of malicious trademarks in China legally,promote the return of the trademark registration system to rationality,and make the development of trademark laws fit the needs of economic development,and more in line with the national requirements for strengthening the protection of intellectual property rights and creating a good business environment.