On The Legal Regulation Of Malicious Trademark Registration

Under the background of the implementation of the strategy of strengthening the country through intellectual property rights,people pay more and more attention to the value of trademarks.However,with the rising of trademark value,malicious trademark registration is becoming more and more rampant,which not only damages the legitimate rights of trademark owners,but also impacts the normal national trademark management order,and also damages the rights of consumers.For the malicious trademark registration problem,although the new“trademark law” specifically added the malicious trademark registration regulation not intended for use,but the recognition of malicious registration behavior is not clear,and there is no unified standard in judicial practice.By now the trademark malicious registration behavior has become a "disease" in the trademark management in our country.In view of the problem of malicious trademark registration,this paper divides the article into five parts on the basis of cross-of analysis methods,in order to conduct a more thorough and comprehensive study on the legal regulation of malicious trademark registration.Part Ⅰ is an overview of the malicious registration of trademarks.This part first clarifies the concept of malicious trademark registration,then identifies the malicious trademark registration from both subjective and objective aspects,and finally reasonably classifies the malicious trademark registration in life from four angles.Part Ⅱ is to explain the legal basis of the legal regulation of malicious trademark registration behavior.From the perspective of jurisprudence,the principle of good faith,the protection of prior rights and fairness and justice are the legal basis for the legal regulation of malicious trademark registration,and then we elaborate them in detail.Part Ⅲ is the problems existing in the malicious registration of trademarks in China.This part analyzes the problems existing in the trademark malicious registration behavior legal regulation from the perspective of legislation,administrative and judicial,points out the current trademark malicious registration legal regulation of the "inconsistent identification standards"," imperfect censorship","lack of third party supervision","imperfect punishment system" and other practical problems and flaws.Part Ⅳ is the legal regulation of malicious trademark registration behavior abroad.This part selects the countries with unique practices in the legal regulation of malicious trademark registration,introduces some of their experience and regulatory measures,in order to extract some of the reference system for China’s national conditions,such as the use of anti-unfair competition law and the defense trademark system.Part Ⅴ is suggestions for legal regulating malicious trademark registration in China.This section makes some suggestions based on the research already established above.First,the existing identification standards should be unified;secondly,the review of trademark registration stage and objection stage should be improved;and the third-party review and supervision system can be established;finally,the most important thing is that the crackdown on malicious trademark registration should be strengthened,and blacklist system and the compensation should be strengthened.