On The Legal Regulation Of Malicious Trademark Squatting

Since the reform and opening up,China’s social economy has developed rapidly and taken off day by day,and the business model has been constantly updated and transformed.The economic value of trademarks and their added value in the society have become more and more significant,so it is urgent to form a complete protection system for trademarks.A trademark is not only a simple logo composed of words and graphics.For consumers,a trademark is an important distinguishing mark that brings them psychological recognition and trust.For enterprises,a trademark embodies their unique corporate culture accumulated over many years and precious business reputation accumulated through hard work.Based on this,China has set up the trademark law and other relevant laws to protect trademarks.However,in recent years,there have been some malicious registrants who take advantage of illegal means and loopholes in trademark registration rules to register trademarks in a malicious way and take this as their livelihood.At the same time,the rise of the information industry such as the network not only reflects the rapid development of China’s economy and information industry,but also gives rise to many new characteristics of malicious trademark registration,showing that China’s original legal system lacks a clear standard for malicious trademark registration,resulting in the current problem of ineffective regulation of this phenomenon.This illegal act not only seriously infringes upon the legitimate rights and interests enjoyed by the registrant,affects its original good reputation,hinders the normal operation of the obligee,but also undermines the order of trademark registration and use,which violates the legislative purpose of trademark law.To this end,the 10th session of the standing committee of the 13th National People’s Congress of China amended the trademark law of the People’s Republic of China for the fourth time on April 24,2019.Although this amendment has confirmed that the act of malicious trademark squatting is illegal and needs to be prohibited,it still lacks perfect recognition standard and punishment method.Therefore,this paper analyzes the ACTS of malicious trademark squatting,discusses the causes of the frequent occurrence of this phenomenon,and compares the relevant legislation at home and abroad to put forward Suggestions for regulating the ACTS of malicious trademark squatting in China and further improving the relevant legal system of trademark protection.