The Understanding And Application Of Article 4 Of The Trademark Law

In recent years,with the rapid development of the market economy,the number of trademark applications in my country has increased rapidly.In addition to applications for commercial use,various bad faith trademark registrations have also increased,which has seriously affected the normal order of the market economy.In order to strengthen the protection of intellectual property rights,optimize the market environment,and solve the outstanding problems of bad faith trademark registration in practice,the Standing Committee of the National People's Congress passed the fourth amendment to the Trademark Law at its tenth meeting on April 23,2019.The amendment involves a total of 6 articles,which have been implemented on November 1,2019.The biggest highlight of this amendment is the new provision of"bad faith trademark registration applications not for the purpose of use shall be rejected" in the first paragraph of Article 4 of the "Trademark Law",but how to understand "not for the purpose of use" and " The relationship between the two "bad faith" is a parallel relationship,Or is there a distinction between primary and secondary? What are the criteria for identification? There is currently no clear legal basis.This thesis takes this as an entry point.By explaining the background and purpose of the amendment and the spirit of the fourth article,it is clear that the purpose of this amendment to the "TrademarkLaw" is to regulate bad faith trademark registration,especially the regulation of the large number of registered trademarks.The transfer of profit-making trademark registration applications.Based on the research of domestic and foreign laws and judicial practice,it is believed that trademark registration "not for the purpose of use" means that the registered trademark applicant does not have the purpose of using the trademark to enable the trademark to identify the source of the goods when filing the trademark registration application;"bad faith" "bad faith" in trademark registration is an evaluative element.bad faith registration of a trademark refers to behavior that does not conform to the value orientation of the law,violates the principle of good faith,and is contrary to ethics.Malice is also a subjective element that requires the perpetrator to know or should know Others have previously used trademarks,but still apply for registration,and deep down have the purpose of seeking improper benefits.When applying this new clause,it is necessary to meet the two requirements of "not for use" and "bad faith" at the same time.Article 4 of the Trademark Law cooperates with Article 19,Article 33,Article 44,and Article 68 to regulate bad faith trademark registrations that are not intended for use.Article 4 of the "Trademark Law" detailed the principle of good faith in Article 7.Article 4 of the "Trademark Law" and Article 13,Article 15,Article 32 and other provisions jointly regulate bad faith trademark registration.When applying Article 4,the followingfactors may be considered: the number of applications for trademark registration and the scope of use,the industry,business scope and status of the applicant for trademark registration,the trademark applied for registration and other high-profile or distinctive signs The degree of similarity and whether the trademark registration applicant has ever had faith trademark registration.