On The Legal Regulation Of Trademark Squatting In The Trademark Law

For commercial activities,trademarks have extremely important value and are an indispensable and important resource for commercial activities.In order to use trademarks to gain more benefits,malicious cybersquatting has become a common phenomenon in modern society,and its regulation is also an extremely important task of trademark laws in various countries.At present,malicious registration of trademarks in our country frequently occurs,and this behavior has seriously disrupted the normal commercial order.In the face of such chaos,the country promulgated a new "Trademark Law" this year,which explicitly stipulates prohibitive provisions on malicious application for registration of trademarks,and the new "Trademark Law" introduces new acts of malicious registration of trademarks However,the extent of its role is unknown,and in this context,this article summarizes how the court determined "malicious" and the results of the trial in the trial of a trademark squatting case,and puts forward its own opinions and suggestions.The first chapter is the background of amending the law.This article mainly introduces the current situation of malicious registration of trademarks in China,the definition of the scope of malicious registration of trademarks,and a brief introduction to the regulation of malicious registration of trademarks in the original trademark law,and analyzes the original laws of malicious registration of trademarks.Note the deficiencies in behavior regulation.The second chapter mainly analyzes how the court finds the “maliciousness” in the malicious registration of trademarks during the trial process,and summarizes them into three directions.The six specific identification elements are the similarity of the trademark itself,Time,the distinctiveness of the trademark,the relevance of the type of goods or services to be applied for,the relationship between the parties to the dispute,and whether there is any trademark accumulation.And evaluate the identified elements.The third chapter briefly discusses the trial results of the selected cases and the determination of the amount of compensation in the civil judgment,and then discusses the advantages and disadvantages of the new law by combining the case and the amendment of the law.The advantages are mainly divided into the emphasis on the use of trademarks as a purpose,further clarifying the definition of malicious registration of trademarks,and increasing the intensity of punishment.Disadvantages include the lack of review of actual use intent in trademark management procedures,and difficulty in proving the content of Article 4.And lack of penalties for malicious cybersquatting.The fourth chapter is the suggestions for improving the regulation system of malicious registration of trademarks.This chapter first puts forward legislative suggestions in the review stage and post-punitive punishment.For the former,this article proposes that the intention-to-use system and information provision system at the application stage should be improved.For the latter,this article proposes that punitive measures should be added to the malicious registration of trademarks and an attempt should be made to establish a blacklist of malicious registrations.Then put forward the law enforcement suggestions on regulating the malicious registration of trademarks,and finally put forward the suggestions on regulating the malicious registration of trademarks by judicial authorities.