Legal Regulation Of The Trademark Bad Faith Registration

Under the current stage of social and economic development and the constantly change of business development methods,people are paying more and more attention to the protection of intellectual property rights and trademarks.As China has adopted principle of first application,some malicious behaviors can take advantage of the malicious registration of trademarks.A large number of violations such as preemptive registration of well-known unregistered trademarks,infringement of the prior rights of others,malicious counterfeiting of registered trademarks of others,and malicious registration behaviors based on the principle of good faith emerge in endlessly.These actions not only occupy public resources,but also severely disrupt the normal order of trademark management,caused extremely harmful to the trademark law system.Judging from the current research status of malicious registration behavior in China,there are still differences in the determination of malicious registration and the subsequent legal liability,and there is no uniform standard in both theory and practice.Therefore,the regulation of malicious registration will be a key issue in the trademark field for a long period of time.Focusing on the identification and legal liability of malicious registration of trademarks,this article is mainly divided into four parts to discuss.The first chapter analyzes the rationality of the regulation of malicious registration of trademarks.Firstly,we use data to show the current situation of malicious registration in China in the most intuitive way.Secondly,analyze the reasons for malicious registration from the perspective of economy,regulations and actors.Finally,analyze the rationality of the regulation of malicious registration based on the market and the law.That is,to make the trademark return to the original meaning of "use",and better maintain the normal order of trademark management.The second chapter mainly defines the malicious registration behavior by law.This chapter is divided into three parts,the first part is the identification of bad faith.The term"bad faith" is derived from civil law,so this article will return to civil law,first explore the original meaning of "bad faith" from the perspective of civil law,and then explore whether the "bad faith" in civil law is fully applicable to trademark law,and if it is generally applicable,is there any need to pay attention to the problem.The second part analyzes the judgment standards of malicious registration behavior from both subjective and objective aspects by combining the particularity of trademarks,and emphasizes that when identifying the subjective aspects of the infringers the subjective cognition and subjective intention should be combined to evaluate the behavior of the actor.A comprehensive analysis and a combination of subjective and objective judgments of malicious registration should not separate subjective and objective identification.The third part analyzes the good faith" clause and other specific clauses embodying the principle of good faith,and proposes that the "good faith" clause is more suitable as a comprehensive clause,which is applicable to situations where there is no specific clause to regulate malicious registrationChapter three categorizes malicious registration behaviors based on the perpetrator’s subjective intentions.It is mainly divided into two types of behaviors:unfair competition and abuse of rights.Combined with typical cases,the common malicious registration behaviors are listed under the two major types.Finally,it analyzes the problems that arise in practice,namely,how to exclude the application of the exclusion period clause from the malicious registration of well-known trademarks and the protection of trust interests in the relationship of agency representatives.The fourth chapter mainly puts forward specific suggestions on how to regulate malicious registration based on the analysis and discussion of the above mentioned chapters combined with the experience of various countries.This chapter will put forward regulatory recommendations through different stages.Regarding how to curb malicious registration from the original place and return to the essence of trademark "use",from the perspective of prevention,trademark users must first establish trademark registration awareness and not give malicious registrants an opportunity;the Trademark Office can learn from the United States and South Korea’s legislation,the establishment of a blacklist system" to deter those malicious infringers and stifle the possibility of re-performing malicious registration behaviors;finally,the introduction of "intent to use"systematically eliminates the possibility of malicious registration behaviors.From the perspective of strengthening regulatory measures,the frequent occurrence of malicious registrations is inseparable from the low cost of violations.Therefore,the legislature should improve legal regulations,unify the identification standards for malicious registrations,improve punishment measures,and increase the punishment for malicious registrations in order to achieve the purpose of regulation.