Research On The Identification Of "Intent To Use" In Trademark Hoarding

The trademark sign itself has no economic value,and its function is mainly to form goodwill by binding the trademark sign to the product or service.The hoarding of trademarks that has no purpose of use seriously violates the legislative purpose of the "Trademark Law" and disrupts the order of trademark registration.China made the fourth amendment to the "Trademark Law" in 2019,and the newly added content reflects the control of malicious squatting and hoarding of trademarks.For example,the second half of Article 4 stipulates that "applications for trademark registration that are not intended for use shall be rejected." This article provides a clear legal basis for regulating trademark hoarding.However,whether it is in administrative review or judicial practice,the determination of the intention to use trademark hoarding is relatively vague and general,and a unified determination process and standard have not yet been formed.This article first defines the concepts of trademark hoarding behavior and trademark use intention,analyzes the constituent elements and harms of trademark hoarding behavior,and clarifies the relationship between trademark hoarding behavior and use intention.On the basis of sorting out the existing legislative provisions of use intention,and on the basis of empirical analysis and case analysis of the status quo of the identification process of use intention in the practice of trademark hoarding,the main dilemmas and their respective causes are explained one by one.Next,we will examine the relatively complete legislation outside the territory and the determination in the application of the law,sum up the experience outside the territory,combine with my country’s trademark registration acquisition principles,and carry out the reference and transplantation of the experience outside the territory.The substantive examination is not contradictory,and the subjective standards are unified with the objective standards.Finally,it puts forward suggestions for perfecting the determination of intention to use in trademark hoarding in China: First,a more uniform determination standard should be formed,which mainly examines the actual or expected operating capabilities of the registered trademark applicant;second,it should learn from the specific procedural norms of foreign countries.The determination of use intention provides the basis for procedural review,mainly through the specification of the trademark use intention and commitment obligations;finally,the determination of the use intention should be continuous,mainly in combination with objective standards after the trademark registration period,and use a dynamic eye to examine the use link The authenticity of the intention to use in.