Research On The Legal Regulation Of The Malicious Registration Of Trademarks

With the transformation of the economy and the era of the flow economy,funds tend to choose products with large traffic and high visibility,resulting in the popularity of trademarks becoming the primary reference object for consumers to choose goods.This consumption habit makes unscrupulous businessmen profitable,and even forms a trend of specialization,resulting in a more serious phenomenon of trademark bad faith registration.In April 2019,the fourth revision of Chinese "Trademark Law" mainly aimed at the increasingly rampant problem of trademark registration in bad faith.in particular,the use of trademarks is strengthened.However,it is worth noting that the bad faith registration of trademarks is not entirely caused by the trademark registration system,and the regulation of bad faith trademark registration should be comprehensively considered from the aspects of the legislation of the Trademark Law,the examination practice of the trademark department,the judicial practice of trademarks,and the use of trademarks,and finally seek specific measures to regulate the bad faith registration of trademarks.This thesis consists of the following four chapters.The first chapter is provided an overview of trademark bad faith registrations.First of all,the core concept of trademark bad faith registration is analyzed,the relationship between bad faith registration and squatting and hoarding is distinguished,and the connotation and extension of bad faith trademark registration are clarified.Secondly,Classification is based on different types of trademark registration in bad faith,and the specific manifestations of bad faith trademark registration are sorted out.Finally,it expounds the legitimacy of governing this behavior from three aspects: the principle of good faith,the principle of rational utilization and efficiency of public resources,and the nature of trademark rights.The second chapter is about the status quo of malicious registration of regulated trademarks in our country.First,it analyzes provisions article by article from the legislative level;secondly,at the judicial level,sorts out the factors that identify "malicious" in judicial practice,and finally summarizes the problems existing in Chinese current regulation of malicious registration of trademarks.The third chapter analyzes the specific methods of foreign sanctions against malicious registration.The United States,Japan,the European Union and their member states were selected for analysis.The provisions of the U.S.Trademark Law make trademark assignment extremely conditional and effectively govern malicious registration.Which is worth learning for our country.Japan has the same system as our country,but we can learn from Japan in strengthening the use of trademarks to make up for our country’s shortcomings.The EU has a set of "malicious" identifications.The standards are available for reference.The fourth chapter is the countermeasures and suggestions for governing malicious trademark registration.based on our country’s trademark legislation and judicial practice,supplemented by learning from foreign experience,we focus on strengthening the use of trademarks,clarifying the criteria for identifying “malicious”,restricting the transfer of trademarks,designing a system for restoring the effectiveness of registered trademarks after continuous non-use,and improving the laws of malicious registration of trademarks.Make specific recommendations in five areas of responsibility.