| China adopts the trademark right registration and acquisition system,under which the phenomenon of malicious registered trademarks such as trademark squatting and trademark hoarding occurs.In order to effectively curb the malicious registration of trademarks and strengthen the protection of the exclusive right to use trademarks,the 10 th meeting of the Standing Committee of the National People’s Congress decided to amend the “Trademark Law of the People’s Republic of China” on April 23,2019,adding “A malicious trademark registration application not for the purpose of use shall be rejected”in Article 4,The purpose of the new provision is to overcome the lack of consideration of trademark applicant’s use of trademark in China’s trademark right registration and acquisition system,so as to achieve the unity of fairness and efficiency under the trademark right registration and acquisition system.After the publication of the new provisions of Article 4 of the new “Trademark Law”,it has aroused extensive discussion among scholars,and the understanding and application of the new provisions has become an urgent problem to be solved.This article mainly uses empirical analysis,literature analysis,comparative analysis,law and economics analysis to analyze the status quo,causes and the importance of identifying malicious registration of trademarks in China,and at the same time,it combs and summarizes the typical cases of malicious trademark registration,and discusses the connotation,extension and the relationship between the two elements of “not for the purpose of use” and “malice” in the new provisions.in addition,analyzes the relevant provisions of foreign countries to curb trademark malicious registration,and finally uses the relevant provisions of foreign countries for reference,and based on the actual situation of our country,it puts forward its own suggestions to curb malicious registration of trademarks that are not for the purpose of application,including: adding provisions for the description of intention to use in the registration review stage,establishing a credit punishment mechanism for malicious registered trademark applicants,and unifying Standards for the determination of malicious registration of trademarks。In the end,it looks forward to the establishment of a healthy,efficient and fair trademark registration and use order under the system of trademark registration and acquisition,so as to realize the organic unity of legal effect and social effect. |
