Legal liability of malicious cybersquatting: liability for damages. If it constitutes a crime, it should also bear criminal legal responsibility. According to the relevant laws and regulations, the losses caused to the trademark registrant by the user's malice shall be compensated to the victim according to the circumstances.

Legal basis

Article 32 of the Trademark Law of the People's Republic of China

An application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that have been used by others and have certain influence by unfair means.

Article 36

Upon the expiration of the statutory time limit, if the parties concerned do not apply for a review of the decision made by the Trademark Office to reject the application or not to register, or do not bring a lawsuit to the people's court against the review decision made by the Trademark Review and Adjudication Board, the decision to reject the application, not to register or review will take effect.

for a trademark approved for registration after examination, the time for the trademark registration applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary examination and approval announcement. From the date of expiration of the trademark announcement until the decision to approve the registration is made, it has no retrospective effect on others' use of the same or similar logo with the trademark on the same or similar goods; However, the losses caused to the trademark registrant by the user's malice shall be compensated.