Lawyer Wang Hui said: If the malicious intent of the trademark infringing party is obvious and there is a possibility of hoarding trademarks to make profits, then the party who infringes the trademark is likely to lose in judicial cases. Take the Jing Hanqing case, if the Jing Hanqing party can prove that the other party has no need to use the trademark "Jing Hanqing" on its goods, then it is entirely possible to prove that the other party has bad faith and win the case.

In the thesis of a master's degree from East China University of Political Science and Law, he counted 100 cases of malicious trademark registration. These 100 cases are all administrative cases involving a large number of malicious trademark registrations, and final judgments have been made. The court finally determined that there were 86 cases of "malicious" registration and 14 cases that were not "malicious".

Take one of the cases that was judged as "malicious" as an example. When making the judgment, the court mainly believed that the infringing company "used unfair means to preempt a trademark that was already used by others and had a certain influence."

The space for hoarding trademarks for transactions is shrinking

Hoarding trademarks and then transferring them may have been a good business in the past few years, but in the past two years, the space for hoarding and transferring trademarks has been shrinking. narrow.

On February 12, 2019, the State Trademark Office publicly solicited opinions on the "Several Provisions on Regulating the Behavior of Application for Registration of Trademarks". The regulations clearly emphasized that trademark applications should be based on actual needs in production and business activities. register. Applying for a large number of trademark registrations in a short period of time, which obviously exceeds the reasonable limit, will be regarded as "abnormal application for registered trademarks".

On April 23, the 10th meeting of the Standing Committee of the National People's Congress passed a decision to amend some provisions of the Trademark Law of the People's Republic of China, adding a new clause "not to use Bad faith trademark registration applications for the purpose shall be rejected." The revised terms will come into effect on November 1 this year.

The restrictions on applying for registration of a large number of trademarks have been reflected in the success rate of trademark applications in the past two years. Looking at the top ten companies with the most trademark applications in 2017 and 2018, the application success rate of the top ten companies in 2017 was much higher than that in 2018.