Xiaokang has the answer for you:
First, there are a large number of registered trademarks, and the subjective malicious intent is obvious.
The registered trademark is the same as or similar to someone else’s trademark with a certain degree of popularity.
The registered trademark is identical or similar to the name of a well-known person, company name, abbreviation of company name, or other commercial identifiers (including rights holders and affiliated companies).
The preemptively registered trademarks fall under Article 13 of the Trademark Law, which includes copying, imitating or translating other people’s well-known trademarks.
Article 15 of the Trademark Law stipulates that the preemptive registration of a trademark is a situation where an agent, representative, or person knowingly knowing the existence of a trademark previously used by others based on a contract, business relationship, or other relationship carries out the act of preemptive registration. .
Preemptively registered trademarks fall under the provisions of Article 32 of the Trademark Law, which include infringement of the existing prior rights of others or preemptive registration by unfair means that have already been used by others and have a certain impact.
The preemptively registered trademarks are trademarks prohibited from use and registration under Articles 10, 11 and 12 of the Trademark Law.
Squatting to register specific areas and types of trademarks. Based on the author’s experience in representing similar cases, some trademarks registered by squatters have common characteristics.
Second, the region, industry and business conditions of the squatter registration party, and whether the squatter registration trademark has a reasonable source of creativity and intention to use.
Currently, many squatters are "natural persons" and have registered a large number of well-known local trademarks or well-known trademarks in a specific industry, but the squatters have not actually used them and have no reasonable source of creativity and use. intention.
It is enough to show that the large number of trademarks applied for registration by the squatting party are maliciously registered well-known trademarks in the local industry without creative origin and intention of use, which is an illegal hoarding of trademarks.
Third, the preemptive registration of multiple trademarks, once successful, will be transferred and unfair benefits obtained.
Because the cost of applying for trademark registration is relatively low at present, there are some squatters in the market who have registered a large number of trademarks. Once the preliminary review of the squatted trademark is announced or the registration is approved, the squatted trademark will be transferred at a low price. , obtaining improper benefits from it.
Such behavior will further expand the negative impact of preemptive trademark registration on the market, thus disrupting the order of the trademark market.
Fourth, the act of squatting has been carried out many times and repeatedly, and has been found to be malicious registration of trademarks and infringement of the exclusive rights of others to register trademarks.
In fact, the malicious registration behavior of the squatting party is not accidental, but is carried out multiple times and repeatedly. For example, the party that registered by squatting has been determined by an effective administrative decision or ruling or judicial judgment to have engaged in malicious registration of trademarks or infringed on the exclusive rights of others to register trademarks.
This aspect is also one of the factors that the State Intellectual Property Office comprehensively considers when conducting trademark review.
Due to the diversity and complexity of squatting behaviors in the market, it is impossible for the author to exhaust all kinds of squatting behaviors. In addition to the situations listed above, there are other cases of squatting that use deceptive or unfair means. behavior, and other violations of the principle of good faith.
For this reason, the State Intellectual Property Office and relevant departments have been actively promoting and implementing measures to curb malicious registration behavior. For legitimate trademark owners, you need to take targeted measures after discovering such behavior. Develop ideas for crackdowns and proactively take measures to confirm and safeguard rights.
If you have any questions or needs during the trademark management process, you are welcome to log in to the Kangxin IP platform to submit an application yourself. A professional agent will process your order within one working day.
I hope my answer can help you!