Research On The Legal Regulation Of Trademark Registration In Bad Faith

In order to standardize the behavior of trademark malicious registration and further improve the relevant legal norms,this paper takes the legal regulation of trademark malicious registration as the research topic to discuss and discuss.The paper is divided into seven parts.The first part explains the basic issues such as research background,topic selection value and research status.The second part firstly analyzes the core core of the concept of malicious trademark registration from the theoretical level,distinguishes the similar concepts of malicious trademark registration,squatting and hoarding,and clarifies the connotation and extension of the concept of malicious trademark registration.Secondly,the specific situation of trademark malicious registration is typed analysis,listing the specific forms of trademark malicious registration.The third part gives a brief overview of the legislative status of trademark malicious registration at this stage after the fourth amendment of the Trademark Law,and points out the problems existing in the legal regulation of trademark malicious registration at this stage,such as the interpretation predicament of the provisions of trademark malicious registration for non-use purposes,the judgment standard of trademark applicant’s "intention to use",and the degree of regulation of legal liability for trademark malicious registration.The fourth part firstly analyzes the latest Draft Amendment to the Trademark Law(Draft for Comment),points out the new changes in the legislative regulation of the draft amendment and the improvement suggestions for the problems existing in the past legal regulation of the malicious registration of trademarks,and points out that there are still new unsolved problems in the draft amendment.For example,in the Draft for Comments,the degree of regulation on the malicious registration of trademarks not for the purpose of use is too heavy,the actual effect of the declaration of the intention to use of trademarks remains to be questioned,there are still problems in the construction of the forced transfer system of the malicious registration of trademarks,and the legal regulation of the infringement damages caused by the malicious registration of trademarks.The fifth part gives some suggestions to improve the legal regulation of trademark malicious registration.The sixth part summarizes the main points and innovations of this paper,and looks forward to the future legal regulation of trademark malicious registration.