Study On Legal Regulation Of Improper Trademark Application

On the basis of the relevant provisions of China’s Trademark Law,Trademark registration application should follow the principle of good faith.The registration application of the applicant should be based on the actual needs of the applied commercial logo in the production and business activities,and shall not infringe upon the legitimate rights and interests of others.However,more and more improper trademark applications such as trademark hoarding,trademark grabbing and trademark malicious registration are emerging,which seriously destroys the purport of the Trademark Law and affects the market operating environment.However,the academic circles have not formed a unified classification of various specific improper trademark application,and the Trademark Law of our country has not regulated the improper trademark application behaviors according to different types.The definition and classification of different improper trademark application behavior is the premise and basis to correct the anomie behavior of trademark application of market subjects and clear up the current chaos of trademark application in China.Therefore,it is of great significance for ruling improper trademark application behaviors to make a comprehensive analysis and classification of the improper trademark application behaviors in practice,think over the current legislation and administration of justice of our country,Absorbing advanced experience of foreign laws and regulations,and make trademark legislation of our country better,so as to effectively regulate the improper trademark application behavior.The first part of this paper makes a general analysis of improper trademark application behavior,and analyzes the causes and negative effects of various main improper trademark application behaviors.Combined with the main forms of improper trademark application,the types of improper trademark application are defined and divided.The second part examines the regulation of improper trademark application in China’s trademark legislation and the regulation of improper trademark application in law enforcement and judicial practice.The shortcomings of regulating improper trademark application in China are analyzed.In the third part,the relevant provisions of foreign trademark law are classified according to the different principles of trademark right acquisition in order to enlighten the perfection of China’s Trademark Law on regulating improper trademark application.It is found that the trademark law under the principle of obtaining different trademark rights has different effects on the regulation of improper trademark behavior,and most of countries regard the significance of trademark use to trademark interests as positive and boost the applying of trademarks by designing corresponding system.In the fourth part,based on the investigation of the current regulation of improper trademark application behavior in China,combined with the Enlightenment of foreign trademark legislation,aiming at the improper trademark registration behaviors such as trademark hoarding,trademark rush registration and malicious trademark registration,the relevant suggestions are put forward to perfect the provisions of China’s trademark law on regulating of improper trademark application behavior.