The identification criteria for malicious registration of trademarks are as follows:

1. The applicant knowingly or The respondent should have known the trademark of the respondent;

2. The respondent knew or should have known that others had prior rights due to the famous name, work, design, name, portrait, etc. due to the application or other factors The existence of rights;

3. If the applicant claims that the respondent has maliciously registered its trademark, the originality of the applicant’s trademark needs to be considered;

4. The respondent As public resources, the names of tourist attractions and places of origin are well-known and they knew or should have known the existence of the names;

5. After the disputed trademark was registered, the respondent used it for the purpose of seeking improper benefits. Impede others' legitimate use, demand high transfer fees, licensing fees, and infringement compensation from others, or conduct propaganda that misleads the public, causing market chaos.

The methods of malicious trademark registration are as follows:

1. Trademark registration application signed by the applicant;

2. 6 trademark drawings (on the back of the application) Paste 1 and submit 5), the drawings must be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach one coloring pattern, submit 5 coloring patterns, and attach 1 black and white pattern;

3. Submit a trademark agency power of attorney;

4. Copy of ID card , a copy of the business license of an individual industrial and commercial household

To sum up, malicious registration refers to the use of improper means to preemptively register someone else’s business license in this field or related fields for the purpose of profit, etc. Acts that have a certain impact on rights such as trademarks, domain names or trade names. Malicious registrations often occur in rights fields that are based on the first-to-application principle and can bring certain economic or spiritual benefits. Therefore, they mostly occur in trademarks, domain names, and trade names. Malicious registration means that the applicant uses unreasonable or illegal methods to apply to the Trademark Office for registration of a trademark that has been used by others but has not yet been registered.

Legal basis:

Article 32 of the Trademark Law of the People's Republic of China

Application for trademark registration shall not damage the existing trademark rights of others. Priority rights shall not be used, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence.