What behaviors will be considered as malicious trademark registration?

With the continuous development of the brand economy, the value contained in trademarks has been increasingly affirmed and recognized. Therefore, there are also some criminals who profit from malicious registration of trademarks. So what is malicious trademark squatting? What behaviors will be considered as malicious trademark squatting? The editor of Hualu has summarized the relevant knowledge for you for your reference. I hope it can help you.

What behaviors will be considered as malicious trademark squatting

The first is to see whether he uses it himself after successful registration, that is, When used on one's own products, whether the product is of the same type or similar to the product of the person being squatted;

Secondly, whether it is transferred to the person being squatted at a high price Or license the use of the trademark at a high price;

The third is whether to directly accuse the person being registered for infringement and make a claim for compensation. Through the analysis of these aspects, if the "squatting" applicant registers a trademark not mainly for his own use, or even does not own a product, and then transfers it at a high price or makes a compensation request to the person who was squatted, we can accurately determine his subjective purpose , just to seek improper benefits.

"Malicious registration" refers to: for the purpose of profit, etc., using unfair means to preemptively register someone else's information that has been used and has been used in this field or related fields. Certain actions will affect the rights of trademarks, domain names or trade names. "Malicious registration" mostly occurs in rights fields where the "first to apply" principle of authorization can bring certain economic or spiritual benefits, so it mostly occurs in trademarks, domain names and trade names.

Malicious registration of trademarks

The so-called "malicious registration of trademarks" is just people's. Popular title. According to the current provisions of Article 32 of the Trademark Law, “it is not allowed to preemptively register a trademark that is already used by others and has a certain influence by unfair means.” Therefore, "malicious registration" means that the applicant uses 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. The elements that constitute "malicious registration" are as follows: The applicant seeks unfair benefits, which is a subjective element. The applicant applies for a trademark that has been used by others as his own trademark. This behavior is illegal. In itself, it has already misappropriated the fruits of other people's labor. If the registration is successful, it is tantamount to stealing in a legal way. What is even more serious is that once the registration is successful, the applicant for "malicious registration" will use his right to occupy the registered trademark to prohibit others from using the trademark that originally belongs to him or her.Use its right of disposal to transfer or license the use of the trademark to the person who has been registered at a high price. If these purposes cannot be achieved, an infringement lawsuit will be filed or reported to the industrial and commercial administration and demanded compensation.

The editor reminds you that the countries where each top-level domain name management agency is located adopt different laws or policies to deal with malicious domain name squatting cases. Malicious domain name squatting is a kind of Illegal conduct. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.