英文摘要 |
Under the framework of the registration system, the acquisition of trademark right is directly related to the registration, and rarely involves the use of trademarks, thus creating the problem of malicious registered trademarks and malicious trademark use. China’ s Trademark Law regulates the malicious situation of registering trademarks for bad motives from the aspects of “non use purposes”, “illegitimate means” and “violation of legality clauses”, forming a series of clauses for the classification of malicious trademark registration. Although a malicious trademark has the effect of appearance of rights, it may lead to the termination of rights after being corrected by the invalidation declaration system; Even if some malicious trademarks are converted into uncontested trademarks, their use is regulated by law. The future reform of the trademark law should focus on the positive regulation with the use of trademarks as the core and the reverse regulation with the malicious squatting and hoarding of trademarks as the object, and improve and perfect the legislative norms, the review of administrative confirmation of rights and judicial decisions. |