What are the circumstances under the law on the law on the registration of trademarks in bad faith?

What can be done to deal with the trademark being preemptively registered:

1. When the preemptively registered trademark enters the preliminary examination announcement, an objection is raised.

2. When the registration of the trademark that has been forcibly registered is approved, the trademark may be invalidated to the Trademark Review and Adjudication Board. Article 44 of China's Trademark Law stipulates that if a registered trademark is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid, and other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Legal basis] Article 30 of the Trademark Law stipulates that anyone may raise an objection to a preliminarily approved trademark within three months from the date of publication. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

Article 32 of the Trademark Law stipulates that an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has already been used by others and has a certain influence by improper means.

"Bad faith preemptive registration" mostly occurs in the field of rights that can bring certain economic or moral benefits based on the principle of "first-to-file" authorization, so it mostly occurs in trademarks, domain names and trade names. With regard to "bad faith trademark squatting", Article 31 of the Trademark Law stipulates that "it is not allowed to preemptively register a trademark that has been used by others and has a certain influence by improper means".

Therefore, "bad faith preemptive registration" refers to the act of the applicant using unreasonable or illegal means to apply for registration of a trademark that has been used by others but has not yet been registered with the Trademark Office in its own name.

The social harm caused by bad faith trademark registration is very obvious, which is mainly reflected in the following three aspects:

1. Destroy the normal market competition order, seriously damage the economic interests of normal operators, and hinder China's transformation from a manufacturing economy to a brand economy. The essence of the malicious registration of a trademark is the misappropriation of the goodwill or reputation of others, or the illegal occupation of public resources, which will inevitably undermine the normal order of market competition. In order to deal with the malicious registration of trademarks, enterprises either repurchase them, or invest a lot of manpower and material resources to solve lawsuits, or register a large number of so-called "defensive trademarks" in advance, resulting in an unwarranted waste of economic resources.

The proliferation of malicious trademark squatting affects the cultivation of trademark popularity by legitimate business operators, and hinders or even stifles the formation of well-known brands.

2. It consumes a lot of trademark examination and judicial resources, and endangers the order of trademark registration and use. Due to the rampant prevalence of trademark squatting, including infringement of the rights and interests of others, occupation of public resources, and trademarks without real intent, the already overburdened trademark examiners and judicial personnel have made matters worse, seriously reducing the efficiency of trademark examination and litigation. China's trademark applications and holdings have ranked first in the world for ten consecutive years, and are still growing at an annual rate of 10%.

Due to the long period of trademark examination and the many prior trademark obstacles, it becomes difficult to apply for a normal trademark, which affects the establishment of a normal trademark order.

3. Seriously endangering the international image of China's intellectual property protection. For example, Japan's industrial economy has publicly stated its responsibilities, China's malicious trademark squatting is rampant, and the Italian Foreign Affairs Committee has made a special trip to China to crack down on fake Italian brands.

1) It is necessary to strengthen the awareness of trademark first.

The first reason for the phenomenon of preemptive registration is the indifference of enterprises' awareness of protecting their rights. On the one hand, most enterprises have not yet formed a complete set of intellectual property protection strategies, and there is basically no "monitoring and early warning" system for the self-brand market. Adhering to the "principle of voluntary registration" and the "principle of prior application", enterprises should "make up" and register trademarks that have already been traded in other countries in a timely manner, and register trademarks that want to enter the market of other countries in advance and in a timely manner.

In countries with a system of registration and acquisition of the exclusive right to use a trademark, as long as the business entity has a strong awareness of trademark rights and applies for trademark registration before or at the same time as the use of the trademark, there will be no preemptive trademark registration.

2) Construct a defensive registration appropriately.

According to the principle of "one trademark for one type of goods", a trademark with a certain degree of popularity can be registered separately in the category of goods similar or non-similar to the trademark to avoid the infringement of professional trademark speculators. Taking the "Wahaha" trademark as an example, Wahaha Group has registered the "Wahaha" trademark in many other categories in addition to its own main product categories. At the same time, trademarks such as "Hawaha" and "Hahawa", which are easily confused with "Wahaha", were also registered.

3) Strengthen the basis of market supervision.

Article 30 of the Trademark Law provides that any person may file an opposition to a preliminarily approved trademark within three months from the date of publication. Enterprises should pay close attention to the "Trademark Announcement" issued by the State Administration for Industry and Commerce, and if identical or similar trademarks are found, they should entrust legal service agencies or trademark organizations to conduct market tracking and monitoring and timely feedback on infringement information if they find identical or similar trademarks. In fact, many trademarks can be successfully registered because the right holder does not file an opposition in time.

4) The basis for the application for revocation.

If you still have any questions, you can continue to consult me, and I look forward to hearing from you

Legal Analysis: Bad Faith Preemptive Registration of TrademarksLegal Provisions: If it is found that there is bad faith preemptive registration of a trademark that has been preliminarily approved and announced, it may file an opposition to the trademark.

If a trademark that has already been registered is found to be preemptively registered in bad faith, it may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

[Legal basis].Article 56 of the Trademark Law of the People's Republic of China on the exclusive use of registered trademarks is limited to the approved registered trademarks and the goods approved for use. Article 32 An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it be preemptively registered by improper means a trademark that has already been used by others and has a definite influence.

Article 35 Where an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and after investigation and verification, make a decision on whether to grant the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce. If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement.

If the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for invalidation of the registered trademark in accordance with the provisions of Articles 44 and 45 of this Law.

Legal analysis: 1. Copying, imitating, and translating the application for registration of another person's well-known trademark.

2. The act of preemptively registering the trademark of the person being ** or the person being represented.

3. Preemptively registering a trademark that has been used by others and has a definite influence.

4. Other acts of preemptively registering the trademarks of others by improper means.

Legal basis: Article 32 of the Trademark Law of the People's Republic of China An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has already been used by others and has a certain influence by improper means.