Identification And Legal Liability Of Trademark Malice Reggistration

In recent years,with the development of social economy and the change of business model,people pay more and more attention to the value of trademarks.However,with the increase of the value of trademarks,some malicious counterfeiting others’ trademarks against the principle of good faith,clinging to the reputation of others’ trademarks,rushing to register well-known trademarks,infringing others’ prior rights and occupying public resources have become increasingly prominent.Because the principle of registration and the principle of prior application are adopted in the acquisition of trademark exclusive right in China,the malicious registration of trademarks has a good chance.Malicious trademark registration not only seriously damages the interests of trademark owners,but also impacts the existing trademark registration acquisition system and use order,disrupts the market competition order,which is extremely harmful.At the present stage,At present,China’s current provisions on the determination of trademark malicious registration and legal liability also have certain shortcomings..This paper intends to analyze this problem and put forward corresponding solutions.Focusing on the identification and legal liability of trademark malicious registration,this article mainly demonstrates from the following parts: First,it outlines the basic problems of trademark malicious registration.The academia’s views on the definition of the concept of trademark malicious registration are analyzed.An overview of the basic problems of malicious registration of trademarks.Analyze the views of academic circles on the definition of trademark malicious registration.This article analyzes the reasons for the malicious registration of trademarks,and mainly expounds them from two aspects:interest-driven,that is,market factors and legal factors.It also makes a concrete analysis from the theoretical basis of stopping malicious registration of trademarks.Secondly,from the perspective of legislation,this article analyzes the specific criteria fordetermining malicious trademark registration behavior and legal liability in China,and focuses on the criteria for identifying malicious trademark registration behavior in China’s Trademark Law and Anti-Unfair Competition Law.Explained and summarized,and pointed out the deficiencies in China’s current legal regulations.In addition,combined with specific cases,this paper analyzes and investigates the main types of trademark malicious registration behaviors in China’s judicial practice and the problems in legal liability.Based on the existing legal norms and theoretical foundations,the problem of malicious registration of trademarks is about An in-depth analysis of the problem of identification was made,which clarified the specific practices and existing problems in China’s judicial practice.On the basis of the foregoing research,the last part of the paper puts forward specific recommendations: clarify the standards for the determination of malicious registration of trademarks in China at the legislative and judicial interpretation levels,and propose related improvements and improvements to the jurisdictional boundaries and legal responsibility in judicial practice Suggestions.