Determination Criteria Of "Bad Faith" In Trademark Squatting

The issue of trademark squatting has a long history.As early as the Trademark Law of 1993,it regulates the act of trademark squatting.After three amendments to the Trademark Law,a relatively perfect legal regulation system of trademark squatting has been formed.However,the number of trademark transfer and revocation is still very large.There are two elements of trademark squatting,one is "bad faith",the other is"preemption","preemption" is only a kind of trademark strategy,which is not condemnable,"bad faith" is the root of improper,is the core element of trademark squatting,is also the focus of this study.In the theoretical research and judicial practice,there are some misunderstandings and differences in the understanding and determination of "bad faith".Based on the existing law and combined with the judicial case,this paper studies the identification standard of bad faith "in the case of trademark squatting.First of all,it is clear that "bad faith " is a value problem that needs comprehensive judgment in nature,not only the subjective cognitive state that popularity can infer.The existing "knowing"standard understands "bad faith" as a subjective cognitive state,which is not enough to fully identify "bad faith ",but will lower the threshold of" bad faith "and destroy the existing legal system.Secondly," bad faith" has different circumstances,corresponding to the trademark law of our country,including articles 13,15 and 32,the analysis of each clause can generalize that "bad faith "has two independent and complementary judgment elements:the popularity of the first use of the trademark and the special relationship between the trademark applicant and the first user.Based on the laws and regulations of our country and drawing lessons from the experience of the extraterritorial EU,this paper types "bad faith",and then sums up the commonness and legal logic system of various types,in order to guide the application of cases.Finally,in view of the above-mentioned laws,the Trademark Office and the court have corresponding supporting examination standards and judicial interpretation,and there are consistent provisions,but there are some differences.The Trademark Office and the court in the examination and judgment according to different standards,resulting in differences in the determination of the validity of the trademark.This paper suggests to unify the two stages of laws and regulations,better link between administrative procedures and judicial procedures.From the above three aspects,through empirical analysis and comparative research methods,this paper explores and perfects the determination criteria of "bad faith",so as to construct a three-level determination criteria from qualitative to stereotyped,and then concrete judgment.