The standard of trademark squatting fraud is: for the purpose of making profit, using unfair means to preemptively register trademarks, domain names or trade names and other rights that have been used by others in this or related fields and have a certain influence. Behavior. "Malicious registration" mostly occurs in rights fields where the "first to apply" principle of authorization can bring certain economic or spiritual benefits, so it mostly occurs in trademarks, domain names and trade names. 1. What is the standard for trademark squatting fraud? The standard for trademark squatting fraud is: for the purpose of making profit, using unfair means to preemptively register a trademark, domain name or trade name that has been used by others and has a certain influence in this or related fields. rights-related behavior. "Malicious registration" mostly occurs in rights fields where the "first to apply" principle of authorization can bring certain economic or spiritual benefits, so it mostly occurs in trademarks, domain names and trade names. 2. Trademark squatting can be remedied in the following ways: 1. If the squatted trademark is in the preliminary review announcement period, you can file an objection with the Trademark Office. 2. If the registered trademark has been approved for registration, you can apply to the Trademark Review and Adjudication Board for cancellation within five years after the trademark is registered; if the registered trademark is a well-known trademark, there is no time limit for filing a cancellation application. 3. If the preemptively registered trademark has not been used for a long time after registration, a cancellation application can be filed with the Trademark Office on the grounds of "stopping use for three consecutive years." 4. Re-register the trademark. The trademark cannot be similar to the original trademark. As for the popularity of the trademark, you don’t have to worry about it. As long as the product quality is good and you pay attention to publicity and promotion, you can still achieve good sales. A trademark does not necessarily have to correspond to a business name. 3. Relevant matters needing attention: First, file an objection to the trademark announced in the preliminary examination to the Trademark Office. According to Article 30 of the Trademark Law, “Anyone may raise an objection to a trademark announced in the preliminary examination within 3 months from the date of announcement.” If the right holder believes that his trademark has been maliciously preempted by others to apply for registration, if If the trademark is discovered in time during the preliminary approval announcement period, you can file an objection with the Trademark Office and request the Trademark Office not to approve the registration. Second, file a dispute with the Trademark Review and Adjudication Board regarding the registered trademark. According to the provisions of Article 41 of the Trademark Law, if the right holder believes that his or her trademark has been preemptively registered by others in bad faith, he or she may apply to the Trademark Review and Adjudication Board for cancellation within 5 years from the date of registration of the trademark. When parties apply for objections or disputes or claim rights to the Trademark Office or Trademark Review and Adjudication Board, they should state their reasons and provide corresponding evidence in conjunction with the constituent elements of trademark squatting analyzed above. These evidences should focus on two aspects: On the one hand, it is evidence that the trademark registrant has subjective bad faith, such as the purchase and sale contracts and correspondence between the two parties related to the disputed trademark, and the trademark registrant’s request for unreasonable fees from the right holder. Written evidence of high "trademark transfer fees"; on the other hand, evidence of the right holder's prior use and promotion of the disputed trademark, such as the entrustment contract and corresponding documents between the right holder and the trademark design, trademark logo, and the production of advertisements related to the trademark , publishing contracts, newspapers and magazines that publish trademark advertisements, purchase and sale contracts and invoices for trademarked goods, etc. It should be noted that when submitting application documents to the Trademark Office or Trademark Review and Adjudication Board, the parties should meet the prescribed requirements. For example, objections and dispute ruling applications should be submitted within the time limit specified by law, and relevant evidence materials should be submitted as soon as possible within the time limit. In order to obtain strong support for their claims, parties concerned should try their best to submit evidence with high credibility, such as official documents produced by state agencies in accordance with their powers, historical files kept by specialized agencies, and publications in influential news media. Trademark promotional materials, etc. If trademark squatting involves fraud, it can basically be judged as malicious squatting. Malicious registration is explicitly prohibited by law and is an act that the state vigorously cracks down on. Malicious registration not only disrespects the labor and intellectual property rights of the original trademark holder, but is also an act of contempt for the law. The state severely cracks down on this practice and calls on everyone not to violate the law.