Research On Legal Regulation Of Malicious Registration Of Trademarks

With the vigorous development of the market economy and the increase in the economic value of commercial signs,malicious squatting of trademarks has emerged one after another,and has been repeatedly prohibited.The fundamental reason for this situation lies in the imperfection of my country’s current trademark registration system.One of the most important aspects of the 2019 "Trademark Law" revision is the addition of regulations on malicious registration of trademarks with no intention of use.How to regulate this behavior has always been a hot topic in the theoretical and practical circles.There are many documents on trademark cybersquatting in the existing materials,and many experts and scholars have also expressed multi-dimensional views on the definition and regulatory path of trademark cybersquatting.However,the legal circles have always been divided on the measures to regulate trademark squatting,and there is a lack of systematic suggestions.Due to the complicated market environment and the legal community has not yet reached a consensus on this phenomenon,we still need to study related issues.At the same time,the fourth revision of the "Trademark Law" still lacks the concept of maliciously registered trademarks and the identification of "malicious" Standards,we need to clarify the definition of malicious cybersquatting and how to determine "malicious" in order to improve my country’s trademark system.The article first examines the current status of laws and regulations related to trademark squatting in my country,and then discusses the reasons why my country’s malicious squatting of trademarks has been repeatedly banned,combining my country’s legislative status,market environment and relevant experience of foreign countries or international organizations to regulate my country The malicious squatting of trademarks provides reasonable suggestions.The second is to examine the current legal regulation of cybersquatting in the trademark field in my country,sort out the manifestations of malicious cybersquatting,and analyze the regulatory paths of trademark cybersquatting in the "Trademark Law" and the "Anti-Unfair Competition Law" respectively,and " Malicious squatting behavior” is defined.The third is to analyze the causes of trademark cybersquatting,and explore the deep-seated causes of the behavior from the social and legal aspects.Then,it summarizes and analyzes the models and experiences of foreign countries and international organizations in regulating trademark cybersquatting,including analyzing the similarities and differences between common law systems and civil law systems,and studying and interpreting the Paris Convention and the TRIPS agreement.And summarize the relevant content.Finally,in response to the problems found in the above content,combined with extraterritorial experience,combined with my country’s national conditions,targeted suggestions to regulate my country’s trademark preemptive registration,including emphasizing the use of registered trademarks,improving the administrative management system and procedures for trademark registration applications,and clarifying Standards for identifying malicious registration of trademarks,etc.In order to effectively reduce trademark preemptive registration and promote the sound development of market competition order.