On the Regulation of Bad Faith Trademark Registration

Abstract

With the continuous development of market economy, the intangible value attached to the trademark is more and more large, large-scale malicious trademark registration has destroyed the order of trademark registration, we must take effective measures to curb the malicious trademark registration. For the cognizance of malicious registration of trademarks, currently only in national trademarks promulgated by the administrative organs of the trademark review and hearing standard to judge the malicious registration of trademarks in the specific reference, for the standard of "malicious" did not make clear a regulation, at the same time, there is trademark registration system focusing too much on the use of the trademark application time and ignoring the trademark; Too long objection period is not conducive to the rights protection of interested parties; The illegal cost borne by malicious registrants is too small. Through the comparative analysis of foreign provisions on malicious trademark registration, the differences between malicious and related concepts are analyzed, and the following suggestions are put forward: clarifying the identification standard of "malicious" and strengthening the intention of trademark applicants to use trademarks; In order to curb the phenomenon of malicious trademark registration, we should adopt the mode of absolute reason examination and the objection to the front mode, and appropriately increase the legal liability of malicious applicant.