On The Determination Of "Maliciousness" In The Malicious Registration Of Trademarks In China

The Fourth Amendment of China’s "Trademark Law" has been completed.One of the main contents is to curb and combat the malicious registration of trademarks,and regulate the order of trademark registration.The circumstances are listed to provide a basis for judgemention trademark examination,opposition determination,and judicial trial.However,the "Trademark Law" still does not directly stipulate the concept of malicious registration of trademarks and the criteria for identifying them as malicious.However,to solve the problem of the determination of malicious registration of a trademark,the determination of malicious intent must be the logical starting point.Understanding and identification of malicious intent can provide a basis for accurately identifying the malicious registration of a trademark.Therefore,the malicious identification standards must be clear in order to accurately identify the malicious behavior in the malicious registration of trademarks and achieve the purpose of curbing malicious registration in the Trademark Law.The main issues discussed in this article are: combining the laws and practices of foreign countries and China to explore the standards for the malicious registration of trademarks.In addition to the preface and conclusion,this article is divided into four parts.Starting from China’s "Trademark Law" and "Regulations on the Confirmation of the Authorization of Trademarks",etc.,in combination with China’s current legislative status,judicial practice,and relevant foreign national legislation and judicial recognition,the "malicious" identification standards for malicious registration of trademarks have been systematically reviewed.Explore.The first part is an overview of the "bad faith" in the malicious registration of trademarks in China.Starting from the identification of "maliciousness",it mainly discusses the theoretical basis of the identification of "maliciousness" and the understanding of "maliciousness".The second part mainly discusses the status quo of China’s "malicious" legislation and the identification standards in judicial practice.By sorting out the maliciousness in legislation and analyzing the identification of maliciousness in judicial practice and analyzing the existing problems,it is hoped to sort out a more uniform standard for identifying maliciousness.The third part mainly sorts out the rules of "malicious" determination by extraterritorial countries and the determination of "malicious" in judicial practice.It mainly discusses the identification standards of "malicious" in the malicious registration of trademarks in the United States and the European Union,and then sorts out the lessons for our country.The fourth part mainly puts forward suggestions on improving the "malicious" identification standards.On the basis of the foregoing discussion,we provide severalsuggestions for identifying malicious in China in legal practice,and provide clearer identification standards for malicious registration of trademarks in order to achieve the goal of curbing malicious registration of trademarks.