Research On The Legal Regulation Of Bad Faith Trademark Registration

With the implementation of the reform and opening up policy,the establishment of the socialist market economy system,and the country’s accession to the World Trade Organization,China’s Trademark Law has undergone four revisions.However,despite these changes,there still exists a considerable gap between the law and the current social development situation.This gap has resulted in the prevalence of malicious registration,hoarding,and coercion in the field of trademarks.The issue of malicious trademark registration is a significant concern,both domestically and internationally.Therefore,this study aims to provide an in-depth analysis of the research background,significance,methods,and current research status of malicious trademark registration both in China and abroad.Furthermore,the study seeks to clarify the theoretical basis for legal regulation of malicious trademark registration.This includes an examination of the concept and types of malicious trademark registration,the relationship between "malice" in trademark law and civil law,as well as the identification elements of "malice".Overall,it is essential to address the existing gap between the Trademark Law and current social development situation to prevent the negative impact of malicious registration on the economy and society,the violation of the essence of a trademark by malicious trademark registration,the disruption of the balance of interests between different parties in the trademark relationship by malicious trademark registration,the requirement that malicious trademark registration violates the principle of good faith,The first issue at hand pertains to the abuse of trademark rights,which is often caused by individuals engaging in malicious trademark registration practices.These practices have been known to cause significant harm to businesses and consumers alike.In order to address this issue,it is important to thoroughly examine the legal regulation status and existing problems associated with trademark malicious registration.This includes a comprehensive review of the legislative status of trademark malicious registration regulation in the Civil Code,the Trademark Law,and the Anti-unfair Competition Law.Additionally,it is crucial to identify and summarize the various problems that are commonly associated with trademark malicious registration,such as the vague identification of "malicious" trademarks,neglect of trademark use,and insufficient punishment for offenders.Furthermore,it is important to consider the legal regulation of malicious trademark registration in foreign countries.This involves conducting extraterritorial investigations into relevant systems in countries such as the United States,Japan,and Germany.It is also important to examine some of the characteristic systems that are unique to certain countries,such as the intentional use system in the United States.By thoroughly examining the legal regulation of malicious trademark registration both domestically and internationally,we can develop a comprehensive understanding of this issue and work towards implementing effective solutions the restriction of trademarks,the Japanese protective trademark system,the German "obviously malicious" review standard,and the regulation of Germany’s Anti unfair competition Law.Fifth,in response to the above issues,propose countermeasures and suggestions to improve the malicious registration of trademarks in China,including:clarifying the criteria for determining "malicious",such as the subjective and objective aspects of malicious registrants;Improve the system of trademark use,such as: introducing the examination of intention to use,trademark transfer based on use,and reviewing trademark use during trademark renewal;Improve the legal liability for malicious trademark registration,such as adding punitive compensation provisions for malicious registration,and increasing the cost of malicious trademark registration.By improving these suggestions,we aim to curb malicious trademark registration behavior,Encourage the systematic growth of trademark registration in an organized setting,and boost the superior advancement of China’s market economy.