| In recent years,malicious registration of trademarks in my country has become increasingly widespread,and even professional applicants for malicious registration of trademarks have appeared.Once hot events and figures appear in the society,a large number of trademark applications related to the hot events and figures will emerge.This means that there are corresponding deficiencies in the legal regulation of bad faith registration of trademarks in my country,which has not achieved the effect of curbing bad faith registration of trademarks.In this case,this paper explores the legal regulation of bad faith trademark registration by using literature research,normative analysis and comparative analysis.It is hoped that through theoretical analysis,we can clarify the legal concept of malicious trademark registration,summarize its types,analyze the current situation of regulation and find out the problems that still exist at this stage,and finally put forward suggestions on improving the legal regulation of malicious trademark registration in my country from the perspective of comparative law.The main body of this paper consists of four parts.The first part is an overview of bad faith registration of trademarks.Bad faith registration of a trademark is not an exact legal concept,but there is no objection to the bad faith registration of a trademark that violates the principle of good faith.Since in the current trademark law,bad faith registration of a trademark refers not only to a certain situation,but includes a variety of behavior types,in order to highlight the core concept of violating the principle of good faith,as well as the above-mentioned bad faith registration of trademarks and The cases that may be added in the future are all included.The author believes that trademark registration in bad faith refers to trademark registration that violates the principle of honesty,has improper purposes,and directly or indirectly infringes on the interests of others or society.The second part is the legal predicament of my country’s regulation of malicious trademark registration.By listing the "Trademark Law" and "Anti-Unfair Competition Law" to analyze the current situation of my country’s regulation of malicious registration of trademarks,and found the existing regulatory difficulties,not only including the lack of detailed provisions on the purpose of use in legislation,no restrictions on the transfer of trademarks and illegal The problem is that the cost is too low;the judicial courts have inconsistent judgment standards for bad faith registration of trademarks,and local courts have different judgment standards for bad faith registration of trademarks;in law enforcement,there are problems such as unclear applicants for the key examination of bad faith registration of trademarks.The third part is the foreign regulations regulating bad faith registration of trademarks.Both the United States,which adopts the trademark use acquisition system,and Japan,which adopts the trademark registration system,attach great importance to the intention to use the trademark.The United States regards the actual use of the trademark as the prerequisite for registration and trademark assignment,while Japan requires trademark applicants to submit necessary documents.State the intent of use.In addition,both countries stipulate stricter legal responsibilities for bad faith registration of trademarks.The EU has a special trademark review and opposition system,and has interpreted "bad faith" through years of judicial practice.By analyzing the foreign regulations governing bad faith registration of trademarks,we can provide experience for improving the legal regulation of bad faith registration of trademarks in my country.The fourth part is the perfection of our country’s laws regulating bad faith registration of trademarks.my country adheres to the principle of obtaining trademark registration.This system brings high efficiency to trademark registration,but at the same time,it also produces malicious registration of trademarks,which fails to take into account the efficiency and fairness of trademark registration.The improvement of my country’s bad faith registration regulation of trademarks can be carried out from the following aspects: First,at the legislative level,increase the system of explaining the intention of use,strictly define the trademark use standards in the three systems of withdrawal,establish a system of prohibiting foreign transfer of unused registered trademarks,and strengthen trademarks.Legal liability for malicious registration,and unfair competition for malicious registration of additional trademarks.Secondly,at the judicial level,it should be oriented to curb malicious trademark registration,optimize civil and administrative procedures,and clarify that the determination of trademark infringement liability should be based on the use of trademarks.Finally,at the law enforcement level,it is necessary to build a blacklist system and a retrieval report system.To achieve full-cycle management at the legislative level,judicial level,and law enforcement level,to achieve the purpose of curbing malicious trademark registration. |
