Research On The Legal Regulation Of Non-use Malicious Trademark Registration

The non-use malicious trademark registration deviates from the essence and function of the trademark and undermines the legitimacy of trademark property rights.The 2019 Trademark Law moved forward to examine the purpose of use in the trademark enrollment application stage,and improve the use of trademarks from the source.However,how to apply and identify this system is controversial.This article will sort out our country's legislation and practice pointing to deficiencies,and put forward reasonable suggestions based on the mature experience developed in related fields abroad.The first part first clarifies the basic concept of malicious trademark registration without use,and the concept and classification of trademark registration in bad faith.This paper analyzes the meaning of trademark use intention,and understands it from three parts,which are beneficial to the realization of trademark functions,inconsistent of equitable and efficiency,and honesty and reliability.The second part is the regulation status and deficiencies of non-use malicious trademark registration,including legislative status and practice status.First of all,the present legislative circumstances and the adjustment object of the system are analyzed.The non-use malicious trademark registration is absolute reason for prohibiting registration of a trademark,which is distinguished from the relative reason for the protection of prior rights.Secondly,combined with the relevant regulations on registration system against the use of malicious trademarks,the judicial practice before and after the amendment of the law is analyzed,and the specific behavior types are summarized based on the cases.And found deficiencies,such as unclear and inconsistent standards for judicial and administrative authorities to determine relevant facts,lack of a standardized system for preventive trademarks,and unclear burden of proof in trademark inspection,opposition and invalidation procedures.The third part is the examination of the elements that need to be pondered in the resolution of non-use malicious trademark registration.First of all,it examines the regulation and determination of intend to use in US,UK and Japan.Adhere to the standard of sincere and good faith intention to use,and objectively examine whether or not it exceeds the requirements of general production and business activities,the basic composition of the trademark logo,an objective and reasonable plan for the use of the trademark,and the basic situation of the applicant.The final determination elements must be comprehensive Judging as a whole,forming a complete chain of evidence and confirming each other,it is not probable that judge the applicant's use intention onesided and in isolation.The fourth part is a suggestion for improving the registration system of non-use malicious trademarks,and clarifies the burden of proof for trademark opposition and invalidation procedures.Since the practical use of the trademark and the specific operation of the enterprise are controlled by the trademark owner,the objector only needs to provide the initial evidence and further proof of the intention to use are transferred to the applicant;the system of declaration of the applicant's intention to use the trademark is added,and the applicant must provide a declaration of use when applying for trademark registration,such as a trademark use plan.It imposes penalties;establishes a preventive trademark regulation system,and builds a preventive trademark regulation system in my country;establishes a judicial and administrative information sharing system to unify administration and judiciary,improve efficiency and maintain judicial justice.