The meaning of malicious trademark squatting is: for the purpose of profit and other purposes, the perpetrator adopts unfair means to preemptively register trademarks, domain names or trade names that have been used by others in this field or related fields and have a certain influence. rights violations.

Legal basis

Article 56 of the "Trademark Law of the People's Republic of China"

The exclusive right to register a trademark, to approve the registered trademark Limited to the products approved for use.

Article 32

Applying for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has certain influence by unfair means.

Article 35

If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.