registered trademarks violate the principle of good faith. The principle of good faith is the basic principle of civil law, and it is also the principle that trademark law clearly stipulates that the application for trademark registration and the use of trademarks should follow. Trademark cybersquatters apply for registration in their own name, knowing that it is someone else's business logo, hoping to take others' business logo as their own, trampling on the minimum business ethics and violating the principle of good faith is self-evident.
How to define the malicious cybersquatting
1. In the cybersquatting, see whether he uses it himself after successful registration, that is, on his own product, and whether this product is similar or similar to the product of the cybersquatting person;
2. Whether to transfer or license the registered person to use the trademark at a high price in the act of cybersquatting;
3. Whether to directly sue the registered person for infringement and make a claim for compensation.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
Legal basis: Trademark Law of the People's Republic of China
Article 32 An application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means.
article 45 where a registered trademark violates the provisions of paragraphs 2 and 3 of article 13, paragraph 1 of article 15, paragraph 1 of article 16, article 3, article 31 and article 32 of this law, the prior obligee or interested party may request the trademark review and adjudication board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make an order to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing.