Research On The Identification Standard Of Trademark Malicious Preemptive Registration

"Trademark law of the People’s Republic of China(2019 revision),hereinafter referred to as the new trademark law." trademark law of the People’s Republic of China "(hereinafter referred to as the new trademark law)in 2019,on November 1,article 4 of the new" natural persons,legal persons or other organizations in the production and business operation activities,the commodities or services need to get right to the exclusive use of a trademark,shall apply to the trademark office trademark registration.Not to use for the purpose of malicious trademark registration,shall be rejected." this is the fourth of the trademark law modification,reviewing the several changes of trademark law,due to the difference of age,The rapid change of economic development,the new trademark law changes constantly keep up with the changes of The Times,the modified focus on solve the problem of malicious registered trademark in practice,more and more attention to malicious registered standards.In addition to increasing tort compensation,regulate the related content of trademark agency,greatly limits the trademark registered.In order to prevent arbitrary and ensure the accuracy of judgment,for malicious registered without the restriction of the certain rules or principles,under the framework of established rules.Based on the recognition standard of trademark malicious registration in legal practice,this paper mainly analyzes how to identify "malicious" in legal practice.This paper is divided into three parts.The first part simply expounds the basic overview of trademark malicious squatting and the change of judicial judgment.This paper briefly explains the phenomenon of trademark malicious registration and the causes of the phenomenon.The data statistics of malicious squatting reflect the prevalence of squatting.Through the phenomenon of the change of the judgment in the judicial practice,the author concludes that some enlightenment brought by the judicial judgment is to crack down on the ACTS of malicious squatting strictly.The second part is the legal practice of "malicious squatting" identification standards and existing problems.Through the analysis of typical cases,this paper summarizes the identification factors and existing problems of "malicious squatting" in legal practice,including the application difficulties of the new contents added in article 4 of the new trademark law.The identification standard of "malice" is not perfect,and the identification standard of "having certain influence" is not clear;The lack of a review mechanism for the purpose of use.The third part puts forward some Suggestions to improve the standards of recognition of malicious squatting in relevant laws of our country,and explains the application of the new article 4.Summarize the basis and circumstances of the determination of "malice";Refine the determination of "prior use and influence";Add a declaration of "purpose of use";Using technology to establish "big data" to review usage purposes.These aspects put forward Suggestions on the identification standard of malicious squatting,hoping to effectively compress the living space of malicious squatting of trademarks and purify the market order.