In recent years,with the rapid development of my country’s domestic market economy and the acceleration of globalization,the value of trademarks has gradually been understood by more and more people.The importance of trademarks is self-evident.Therefore,the number of trademark applications is also increasing year by year.The number of registrations has obviously increased,but it does not mean that the quality can keep up.Due to the lack of strict control and the drive of interests,the hoarding of malicious registration of trademarks continues to occur,the normal order of the trademark registration market has been severely disrupted,and the trademark cannot be realized.The real purpose.The revision of my country’s "Trademark Rights" this time shows the determination of the State Intellectual Property Office to resolutely control and crack down on malicious registration of hoarding trademarks.For the first time,my country introduced the "intention to use" mechanism in the trademark registration application stage,which truly realized the advancement of the regulatory barriers for malicious registration.On the basis of legislative purpose,to understand and interpret the law.The "Trademark Law" stipulates a lot of maliciousness,but not all malicious situations can fall into the fourth plot to regulate,correctly understand the meaning of "malicious" and "not for the purpose of use",and determine the criteria,and clarify that the two are in the fourth The relationship in the context of the article is a prerequisite for exploring the correct scope of application of the law.The use of trademarks runs through all stages of trademarks.The amendment to Article 4 of the Law does not violate my country’s current trademark law system and meets the legislative purpose of my country’s trademark law.Both "malicious" and "intention to use" are presumptive.The application of Article 4 or areas prone to controversy should be analyzed from multiple angles,supplemented by analysis and interpretation of previous trademark cases,to formulate detailed judicial interpretations for follow-up Give a certain reference. |