Abstract ▼ AI-Helper

Malicious Trademark Registration is a long-standing problem in the field of China's trademark law. Although the Chinese Trademark Law has been amended four times and there are provisions to stop malicious registration, the phenomenon of Malicious Trademark Registration has not been effectively preve...

Malicious Trademark Registration is a long-standing problem in the field of China's trademark law. Although the Chinese Trademark Law has been amended four times and there are provisions to stop malicious registration, the phenomenon of Malicious Trademark Registration has not been effectively prevented.
Among the reasons for this status quo are, the principle of first registration of trademarks in China, the high number of trademark applications, and the low use rate of those registered trademarks. These are major reasons that continue to allow repeated occurrences of Malicious Trademark Registration.
Although China has set up corresponding laws and regulations pertaining to the issue of Malicious Trademark Registration, there are still shortcomings.
In response to this phenomenon, this article examines cases of Malicious Trademark Registration in Chinese courts, identifies the conditions which define registration as 'malicious', and presents corresponding advice regarding Malicious Trademark Registration.

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