Research On Identification Standard Of Trademark Registration In Bad Faith

Behind the huge number of trademark applications increasing year by year in recent years,it reflects not only the prosperity and development of trademarks in China,but also the serious problem that can not be ignored,that is,the proliferation of trademark registration in bad faith.As the logical starting point of the definition of registration in bad faith,the identification standard of “bad faith” must be clear in order to accurately identify the trademark registration in bad faith.This paper comprehensively uses the methods of normative analysis,empirical research and comparative analysis to explore the identification standard of “bad faith”.It is expected to reasonably define the definition and identification standard of “bad faith” through theoretical analysis and empirical research,combined with the shortcomings of the identification standard of “bad faith” in China’s trademark registration in bad faith in legislation and judicature,and finally puts forward specific improvement suggestions based on multi perspective comprehensive analysis.The body of this paper consists of three chapters:The first chapter is an overview of the current situation of the identification of trademark registration in bad faith in China.This chapter mainly introduces the general background of registration in bad faith in China,by analyzing the existing academic views on the definition of the concept of malicious registration and the identification of “bad faith”,and combs the provisions related to the identification of “bad faith” in current trademark laws and regulations,summarize the problems of the identification standard of “bad faith” in judicial practice,and fully elaborate the deficiencies in the identification of “bad faith”from the perspectives of academia,legislation and judicature.The second chapter is an in-depth analysis of the identification of“bad faith” from the perspective of theoretical basis and empirical research.This chapter is mainly divided into two parts.The first part is the analysis of the theoretical basis,which mainly focuses on the typology of trademark registration in bad faith,and then makes an in-depth theoretical excavation on the identification of “bad faith”from the three perspectives of the principle of good faith,civil law and anti unfair competition law.Taking the opposition between subjective and objective in the principle of good faith as the logical starting point,it makes a subjective and objective dichotomy analysis of “bad faith”;With the help of the different identification of the definition of “bad faith” in the specific system in the civil law,based on this idea,this paper analyzes and obtains the definition of “bad faith” in the field of trademark law.Then according to the harm of improper trademark registration in bad faith,this paper analyzes the necessity of regulation and its unfair competition.In addition,this part also puts forward relevant experience from the perspective of comparative law on the identification of “bad faith” in extraterritorial legislation and judicial practice.The second part focuses on using the method of empirical research.Based on the 112 effective cases selected,by introducing the overall situation of the cases,and by means of quantitative data,focuses on the legal basis,types and considerations of trademark registration in bad faith.From the two aspects of judgment logic and qualitative analysis,this paper deeply refines the identification standard of “bad faith”,deeply analyzes the judgment views of the court and the judgment rules of “bad faith”,and summarizes the relatively unified general idea of the formation of “bad faith” by the court in judicial practice.The third chapter is the relevant thinking of perfecting the identification standard of “bad faith”.Combined with the problems raised in the first two chapters and the analysis results at the theoretical and practical levels,this paper puts forward some suggestions for improvement.Firstly,by clarifying the identification standard of “bad faith” in the current trademark law,this paper puts forward specific suggestions,sets up special provisions to prohibit registration in bad faith,and unifies the standards of law application and judgment caliber in the administrative and judicial stages;from the perspective of the purpose of anti unfair competition,this paper proposes to realize the connection between trademark registration and anti unfair competition law through the general provisions of the principle of good faith,so as to enrich the judgment of the trial court on the subjective motivation of “bad faith” in practice;finally,in view of the confusion of “bad faith” judgment in judicial practice,it is suggested to adhere to the principle of comprehensive judgment of subjective and objective elements,and put forward specific suggestions on the quantitative non quantifiable problem in trademark hoarding,in order to help unify and improve the “bad faith” identification standard in trademark registration in bad faith in China.