Research On The Issue Of Abnormal Application For Trademark Registration

The number of trademark registrations in China has risen sharply in recent years,and the number of trademark applications and registrations is among the highest in the world.However,as the status of trademark in today’s society becomes more and more important and the competition in the trademark market becomes more and more intense,the phenomenon of abnormal application for trademark registration has become more and more serious,which has caused negative impact on both trademark right holders and the trademark market.Therefore,this paper mainly focuses on a series of irregular applications for trademark registration,specifically on the recognition criteria of the three main problematic behaviors: registration of trademarks with "adverse effects",malicious infringement and trademark hoarding.In addition to the first part of the introduction,the other main contents are as follows.The second part of this paper is to clarify the concept of trademark and the three functions of trademark: distinguishing the source of goods,quality guarantee and advertising.At the same time,this paper explains the meaning of the abnormal application for trademark registration,and then classifies the abnormal application for trademark registration into three categories: registration of "bad influence" trademark,malicious rush registration and trademark hoarding.At the same time,it summarizes the causes of the current abnormal application for trademark registration into four categories: misunderstanding of the registration system,market integrity The situation needs to be improved,the low-cost and high return interest driven,and the imperfect "lenient in and strict out" system.For the next content to do a good background introduction.The third part of this paper is to analyze the registration of trademarks with "adverse effects",specifically the core clause of "other adverse effects".In the author’s opinion,the application of the "other adverse effects" clause should be aimed at "safeguarding public interest",which is enjoyed by a non-specific majority of people.Secondly,the situation of"cannot be used as a trademark" is divided into two cases: the mark itself is "unqualified"and the mark itself is "qualified" but has "adverse effects" when used."Secondly,the situation of "easily misleading the public" is not necessarily related to the public interest,therefore,all misleading acts to the public cannot be regulated by the "other adverse effects"clause.In addition,whether a trademark is really detrimental to the public interest is also related to the general public perception of the meaning of the trademark,therefore,the general public perception is also a factor that must be taken into consideration when judging whether the act involves the registration of a trademark suspected of having "adverse effects".Finally,if the applied trademark constitutes the condition of "other undesirable effects",it is absolutely not allowed to be registered and used.In the fourth part of this paper,we analyze the criteria for determining the malicious acts of cybersquatting.In addition,this paper analyzes two empirical cases,namely,the"Tiffany" case and the "Golden Monkey" case."In addition,this paper compares two empirical cases of "Tiffany" and "Golden Monkey" to deepen the understanding of malicious acts.The standard of "malicious" is mainly to see whether the actor in the trademark registration process using improper means,and improper means of identification,need to meet two factors: "knowingly or should know" and "have a certain influence".In addition,the term "has used" includes both active use and passive use,while "has certain influence"is not a necessary condition for registration in bad faith.The fifth part of this paper focuses on the analysis of the recognition criteria of trademark hoarding.This chapter firstly explains the connotation of trademark hoarding and the main hazards brought by this act,such as damaging China’s trademark registration system,wasting judicial resources and destroying market order.Then,through the cases of "sheer love" and "UL",it further deepens the description of trademark hoarding,and analyzes the determination of trademark hoarding,and considers that the following three conditions must be satisfied if a trademark hoarding is constituted The following three conditions must be met: the trademark is used first and has a certain degree of popularity,the perpetrator applies for the registration of the same or similar trademark,and the perpetrator does not apply for the registration of the trademark based on the use but for the purpose of profit.The last part of this paper,i.e.,the sixth part,mainly focuses on the problem of a large number of irregular applications for trademark registration at present,and puts forward corresponding legal suggestions.Firstly,when the trademark is at the registration stage,the suggestions of raising the cost of trademark robbery and improving the trademark examination system are put forward,aiming to suppress this undesirable behavior from the source of registration;secondly,for the trademark that is registered and completed,the trademark that is not used continuously should be revoked,aiming to emphasize the function of trademark use to let speculators surface,and at the same time,the relevant regulations on the transfer behavior of the trademark,so as to limit the perpetrator’s intention to obtain improper benefits by transferring to Finally,with reference to the criteria for identifying abnormal application for trademark registration derived from the previous analysis,and with regard to the registration of trademarks with "undesirable effects",malicious snatching,and trademark hoarding,we propose suggestions for improving the system of punishment and compensation mechanism to combat abnormal application for trademark registration.The trademark registration application will ensure the operation order of the trademark market and the legitimate rights and interests of trademark owners.