Research On Legal Regulation Of The Bad Faith Registration Of Trademark

The background of national innovation,the demand for trademarks by market entities increases.According to the statistics of the trademark office,the number of trademark applications in China keeps rising every year,and the total number of applications is far higher than that of other countries.In the face of increasingly fierce market competition and interest driven,there are a large number of malicious registered trademark acts have appeared,and even a trend of professionalization and scale.Malicious registration will disturb the normal trademark order,damage a good business environment and even endanger China's international goodwill.In recent years,numerous malicious registration incidents have caused the problem of malicious registration to be highly concerned by the public.In 2019,China revised the Trademark Law to deal with the problem of malicious registration,further clarifying the obligation of trademark use and increasing the penalty for malicious registration.In the current trademark law system,there are many regulations for malicious registration,such as the principle of good faith,not rejecting malicious registration for the purpose of use,prohibiting preemptive registration by improper means,etc.But the frequent occurrence of malicious registration proves that the regulation of malicious registration in China is insufficient and needs to be further improved.At the beginning of this paper,the analysis of typical malicious registration cases points out the causes of malicious registration and the harmful consequences of malicious registration are expounded.Secondly,the meaning of malicious registration in this paper is defined by legal,and the malicious registration is divided into two type according to the different behavior and purpose,and this paper introduces the main factors that determine "maliciousness" in our practice are trademark visibility,trademark similarity,correlation of approved use of goods,relationship between the two sides and trademark use.Through the above analysis,it is pointed out that there are problems in the malicious registration regulation,there is no uniform standard for "malicious" determination,too little consideration of "trademark use",lack of restrictions on the transfer of trademarks,and the legal liability of malicious registered trademarks is too light..Finally,in view of the above problems,the author puts forward the corresponding improvement measures,establishes the standard for identifying "malicious",strengthens the examination of the use or intended use,increases the restrictions on the transfer of trademark exclusive right,and aggravates the legal liability of the malicious trademark registration.