What are the types of malicious trademark squatting
Based on According to the provisions and practice of my country’s Trademark Law, malicious preemptive registration can be mainly divided into the following categories:
(1) Malicious preemptive registration of other people’s trademarks
1. Copy, imitate, or translate other people’s well-known trademark applications The act of registration (Article 13 of the Trademark Law).
2. The act of an agent or representative preemptively registering the trademark of the principal or represented person (Article 15 of the Trademark Law).
3. Preemptively register a trademark that has been used by others and has certain influence (the latter paragraph of Article 31 of the "Trademark Law").
4. Other acts of preemptively registering other people’s trademarks by unfair means (Article 41, Paragraph 1 of the Trademark Law).
(2) Malicious registration behavior that damages the prior rights of others
Trademark Law "The first paragraph of Article 31 stipulates that applying for registration shall not damage the existing prior rights of others. In fact, it is prohibited to maliciously register other people's trade names, designs, works, names, portraits, etc. with commercial value as trademarks.
(3) Preemptive registration for the purpose of monopolizing public resources
Such preemption The basic characteristic of registration behavior is to register a mark that is a public resource as a trademark. After the trademark is registered, it hinders the legitimate use of others and causes market disorder, or the use is likely to cause confusion among the relevant public about the origin or characteristics of the goods. For example:
1. Apply to register the name of a tourist attraction in the "Tourism Services" project. ("Tianzhu Mountain")
2. Apply to register a name of origin that indicates the characteristics of the product on the product. ("Sun Moon Lake" tea, "Alishan" tea, "Qingling live fish")
3. Apply to register a mark that lacks distinctive features as a trademark. ("PDA", "Legal Person")
Article 11, Paragraph 1 of the "Trademark Law" stipulates that if the trademark applied for registration lacks distinctive features, the registration will not be granted ; Article 10, Paragraph 1, Item (8) stipulates that if the trademark applied for registration has adverse effects, it shall not be registered and its use shall be prohibited.
If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
