How to identify malicious domain name squatting?

In real life, we will encounter the problem of how to identify malicious domain name squatting. Then many people will want to know the relevant content of this issue and what kind of legal knowledge it contains. In fact, this problem is not complicated. As long as you read the relevant content of the following article carefully, I hope your problem can be solved easily. Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to identify malicious domain name squatting

The provisions of my country’s Trademark Law prohibiting malicious registration reflect the The common legislative purpose is to maintain the principle of good faith and prevent unfair competition. Malice is a common requirement for identifying malicious squatting and applying the above-mentioned legal provisions. The determination of malicious intent mainly considers but is not limited to the following factors:

1. The applicant knew or should have known about the Respondent’s trademark due to the existence of agency or representative, trade, cooperation, geographic (region) or other relationships with the respondent.

2. The respondent enjoys prior rights due to the application The right's trade name, works, designs, names, portraits, etc. are well-known or other factors know or should know the existence of other people's prior rights.

3. The applicant claims that the respondent acted in bad faith In cases of preemptive registration of trademarks, the originality of the applicant’s trademark needs to be considered.

4. The respondent knew or should have known the existence of the names of tourist attractions and places of origin that are public resources because they are well-known.

5. After the disputed trademark was registered, the respondent sought to obtain For the purpose of illegitimate gains, hinder the legitimate use of others, demand high transfer fees, license royalties, and infringement compensation from others, or conduct propaganda that misleads the public and causes market chaos.

What is malicious trademark squatting

Malicious registration refers to the use of unfair means to register in advance for the purpose of profit, etc. The behavior of others using trademarks, domain names or trade names and other rights that have certain influence in this field or related fields. Malicious registration often occurs when the authorization principle is "first to apply" and can bring certain economic or spiritual benefits. The field of rights, so it mostly occurs in trademarks, domain names and trade names.

With regard to malicious registration of trademarks, according to Article 32 of the Trademark Law: "You shall not use unfair means to preemptively register a trademark that has been used by others and has a certain influence." Therefore, the applicant is the applicant for malicious registration of trademarks. Using unreasonable or illegal methods to apply to the Trademark Office for registration of a trademark that has been used by others but has not yet been registered in one's own name.

If you encounter such problems, please read the above content carefully. Then I hope that the answers provided by the editor of Legal Savior Network above can solve your problems. Question. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.