Judgment of malicious trademark registration application

The following circumstances belong to the "malicious trademark registration application not for use" referred to in Article 4 of the Trademark Law, unless the party concerned provides evidence to the contrary:

1. The number of trademark registration applications is huge, which obviously exceeds the demand of normal business activities, lacks the true intention of use, and disturbs the order of trademark registration.

2. Copying, imitating or plagiarizing a large number of trademarks with certain popularity or strong distinctiveness of multiple subjects in advance, disturbing the order of trademark registration.

3. Repeatedly applying for the registration of a specific trademark with certain popularity or strong distinctiveness to the same subject, thus disrupting the order of trademark registration. If such repeated application for registration falls into the malicious registration situation regulated by other provisions of the Trademark Law, other provisions shall apply.

4. A large number of applications for registration are identical with or similar to other people's enterprise name, enterprise name abbreviation, e-commerce name, domain name, commodity name, packaging, decoration that have a certain impact, or other well-known commercial signs such as recognizable advertising language, design, etc.

5. A large number of applications for registration are identical with or similar to the public cultural resources such as the names of well-known persons, well-known works or role names, and other well-known and recognizable art works.

6. A large number of applications for registration are identical with or similar to the names of administrative divisions, mountains and rivers, scenic spots, buildings, etc.

7. A large number of applications for registration of common names, trade terms on designated goods or services, and signs that directly indicate the quality, main raw materials, functions, uses, weight, quantity, etc. of goods or services are lacking in distinctiveness.

8. A large number of trademark registration applications have been submitted, and a large number of trademarks have been transferred, and the transferees are scattered, disturbing the order of trademark registration.

9. The applicant sells in large quantities for the purpose of seeking improper interests, forces commercial cooperation from the prior user of the trademark or others, or demands high transfer fees, licensing fees or infringement compensation.

10. Other circumstances that may be deemed as malicious trademark registration application.

In the above cases, cases 3 and 9 are mainly applicable to the objection and review procedures; In other cases, registration review, objection and review procedures are applicable.

The trademark that is maliciously applied for registration without use is not limited to the trademark that the applicant himself applies for registration, but also includes the trademark that is applied for registration by a natural person, legal person or other organization that has collusion with the applicant or has a specific identity relationship or other specific contacts. The transfer of a trademark shall not affect the identification of the trademark applicant's violation of Article 4 of the Trademark Law.

Malicious trademark registration is a very bad behavior, which has a very bad impact on the development of the trademark market in China, and also infringes the legitimate rights and interests of the original trademark owner. The aggrieved party has the right to file a lawsuit with the Trademark Office on matters concerning the malicious registration of trademarks, demand the cancellation of the maliciously registered trademarks and make corresponding compensation for the losses caused.