Legal analysis: the difference between trademark hijacking and malicious cybersquatting: there is no difference between trademark hijacking and malicious cybersquatting in essence, but trademark hijacking is a bad act of extorting from the actual obligee by threatening the trademark after malicious cybersquatting, which may constitute a criminal act of malicious extortion. According to the provisions of the Trademark Law, a trademark that has been used by others and has certain influence shall not be registered first by unfair means.

Legal basis: Article 31 of the Trademark Law of People's Republic of China (PRC) stipulates that a trademark that has been used by others and has certain influence shall not be registered first by unfair means.