Answer "Malicious registration" refers to the use of unfair means to preemptively register trademarks, domain names or trade names that have been used by others and have a certain influence in this or related fields for the purpose of profit, etc. The behavior of "malicious registration" mostly occurs in the fields of rights that are based on the "first to apply" principle and can bring certain economic benefits or spiritual benefits. Therefore, "malicious registration" mostly occurs in trademarks, domain names and trade names. "Trademark", Article 31 of the "Trademark Law" stipulates: "You shall not use unfair means to preemptively register a trademark that is already used by others and has a certain influence." Therefore, "malicious preemptive registration" means that the applicant uses unreasonable or illegal trademarks. According to the current provisions of Article 31 of the Trademark Law, the so-called "malicious registration" is the act of applying to the Trademark Office for registration of a trademark that has been used by others but has not yet been registered. , that is, "You may not use unfair means to preemptively register a trademark that has been used by others and has certain influence." Therefore, "malicious preemptive registration" means that the applicant uses unreasonable or illegal methods to register a trademark that has been used by others but has not yet been registered. The requirements for applying to the Trademark Office for registration in one's own name constitute "malicious registration": (1) The applicant seeks unfair benefits, which is a subjective requirement. The applicant is using someone else's trademark. If you apply for a trademark as your own, this behavior itself has already misappropriated the fruits of others' labor. If the registration is successful, it is tantamount to stealing in a legal way. What is even more serious is that once the registration is successful, it is "malicious preemptive registration." "After the applicant becomes the legal owner, he will use his right to occupy the registered trademark to prohibit others from using the trademark that originally belonged to him or use his right of disposal to transfer or license the trademark to the squatter at a high price. If these purposes cannot If it is reached, an infringement lawsuit will be filed or reported to the industrial and commercial administration and the company will seek compensation. The practical question is, how to determine the establishment of this subjective requirement? It is impossible for us to go deep into the inner world of the applicant to understand their subjective wishes. Is it for the sake of improper gain? We can only analyze its essence through phenomena. Which phenomena can be analyzed? First, it depends on whether he uses it himself after successful registration, that is, if he uses it on his own products, and whether this product has been registered. The person's products are similar or similar products; secondly, whether the registered person is transferred or licensed to use the trademark at a high price; thirdly, whether the registered person is directly accused of infringement and a compensation request is made. Through the analysis of these aspects, if The "squatting" applicant registers a trademark not mainly for his own use, or even does not own a product, but then transfers it at a high price or makes a claim for compensation to the person being squatted. We can accurately determine that his subjective purpose is to seek unfair benefits. (2) The applicant has adopted unfair means. This is the behavioral element. Unfair means means that the trademark registration applicant has untruthfully filled in the trademark registration application and related materials provided in an unreasonable or illegal manner. Regarding relevant matters, 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, if it is determined that the unfair means are used, it can only be canceled during the opposition procedure or by the person who has registered in the future. In the trademark procedure, the person who has been registered is required to present evidence to prove that the applicant has used unfair means. What are unfair means? 1. The applicant takes advantage of his or her relationship with others. Small and medium-sized enterprises are most likely to be targeted. Because when small and medium-sized enterprises launch their products to the market, they often do not register trademarks first and then launch the products. Rather, they register trademarks only after their products have a certain impact. 2. Leverage the background of having worked with others. As collaborators, they are most aware of the use of the trademark of the person being squatted. Some secretly registered the collaborator's trademark as their own during the cooperation period, while others transferred the collaborator's trademark to their own after the cooperation ended. Trademark registration first. 3. Others in the same area who know the inside story. Take advantage of their different conditions and their own advantages, such as managers, legal advisors, reporters, trademark agents, etc., to learn about the operator's trademark use during news interviews or management work, and to foresee squatting Register first to benefit from the benefits brought by the trademark. The most common difference among the above-mentioned unfair methods is that they plagiarize others' trademarks that have been used but cannot apply for registration in the future. They do not condense their own wisdom and creativity on the trademarks they apply for registration. They essentially use Using legal means to cover up illegal or unreasonable nature as a means of deception violates the principle of "good faith".

(3) Successful registration, which is an objective or factual requirement. Only successful registration will eventually lead to "malicious registration". If during the opposition procedure, the person who has been registered by squatting finds that his trademark has been applied for by someone else, he can file an objection, resulting in an unsuccessful registration. Of course, there is no "malicious registration". In fact, in practice, a large number of operators do not know that their trademark has 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, and it is often not until After the squatter successfully registers, the person who was registered will know that the trademark that originally belonged to him has been registered by someone else. In order for this requirement to be established, at least the following factors must be considered: 1. Whether the registered trademark is a trademark with certain influence. Normally, no one will rush to register a trademark that has no impact. “Having a certain influence” refers to a distinctive mark recognized by a certain group of people in a certain region. In fact, once goods or services are put on the market, due to the role of advertising and the process of transactions, the influence of trademarks has begun to occur in the minds of the public, and its influence has reached a "certain" level, such as a certain geographical scope and a certain group of people. scope. How to determine "has a certain impact"? The author believes that a comprehensive inspection can be carried out from the aspects of advertising of the product, product sales, market share, consumer awareness and geographical radiation. 2. Whether it is a trademark that has been used and is currently being used. A trademark that has been squatted should be considered as a trademark that has been used and is being used by the person who has been squatted, that is, the continuous use of the trademark is emphasized. If the trademark that has been used by the person who has been squatted stops using it halfway, and someone else applies for registration, it will not be used. It should be considered as "squatting". A simple way to measure whether a trademark is continuously used is to see whether its products are continuously put on the market. Of course, if the use of the trademark is later than the registration by the squatter, there is no issue of preemptive registration. This time point shall be based on the date when the applicant submits the application to the Trademark Office. To sum up, to determine whether a trademark constitutes "malicious registration", we must start from its constituent elements. Only when the above-mentioned constituent elements are met at the same time, can we preliminarily determine that it constitutes "malicious registration" . Of course, the final determination must be supported by a large amount of evidence. Trademark squatting