1. How to distinguish malicious cybersquatting from trademark cybersquatting? Malicious cybersquatting refers to the act of preempting the registration of trademarks, domain names or trade names that have been used by others in this field or related fields and have certain influence by unfair means for the purpose of making profits. "Malicious cybersquatting" mostly occurs in the field of rights that can bring certain economic or spiritual benefits based on the principle of "application first", so it mostly occurs in trademarks, domain names and trade names. Regarding "malicious cybersquatting", Article 31 of the Trademark Law stipulates that "a trademark that has been used by others and has certain influence shall not be registered first by improper means". Therefore, "malicious cybersquatting" means that the applicant applies for registration of a trademark that has been used by others but has not yet been registered in his own name in an unreasonable or illegal way. 1, the applicant in order to seek illegitimate interests, this is a subjective element "malicious cybersquatting" the applicant is to apply for a trademark that others have already used as their own trademark, this behavior itself, has encroached on the labor achievements of others, if the registration is successful, it is tantamount to stealing in a legal way. What is more serious is that once the registration is successful, the "malicious cybersquatting" applicant becomes the legal owner, that is, he will use the occupation right of his registered trademark to prohibit others from using the trademark that originally belonged to him or use his disposition right to transfer or license the registered person to use the trademark at a high price. If these purposes cannot be achieved, they will file an infringement lawsuit or report to the industrial and commercial administration and ask for compensation. 2. The applicant has taken improper means, which is an improper means of behavioral elements. It means that the applicant for trademark registration has falsely filled in the relevant matters in the application for trademark registration and related materials in an unreasonable or illegal way, but it is impossible for the Trademark Office of the State Administration for Industry and Commerce to review the authenticity of the application and related materials. Therefore, it is only possible to identify improper means in the objection procedure or in the subsequent application for revocation of the trademark by the registered person, and the registered person will present evidence to prove that the applicant has adopted improper means. 3. Successful registration is an objective or factual requirement. Only successful registration will eventually lead to "malicious cybersquatting". If in the objection procedure, the registered person finds that his trademark has been applied by others, he can raise an objection, which leads to his unsuccessful registration. Of course, there is no "malicious cybersquatting". In fact, in practice, a large number of operators do not know that their trademarks have been applied for registration by others. Even though there is a three-month announcement period in the procedure, not all operators can see this announcement in time. Often, it is not until the squatter successfully registers that the registered trademark originally belonging to him has been registered by others. To sum up, because the trademark is the coat of each product and has the function of unique identification, the registration of the trademark is also very fierce, and the possibility of cybersquatting for those popular trademarks is very great. Therefore, it is necessary to prevent the trademark from being maliciously cybersquatted. In this case, we must distinguish it well. For this practice, we can appeal and safeguard our trademark registration rights.