To deal with malicious trademark squatting, first of all, pay attention to whether it will be approved during the registration process; if it is approved, you can file an "objection" with the Trademark Office during the preliminary announcement period (3 months after passing the preliminary examination); if If the "objection" is unsuccessful, you can initiate litigation procedures and go to the intellectual property court to sue for malicious registration.

"Malicious registration" refers to: for the purpose of making profit, using unfair means to preemptively register trademarks, domain names or trade names that have been used by others in this or related fields and have a certain influence. rights behavior. "Malicious registration" mostly occurs in rights fields where the "first to apply" principle of authorization can bring certain economic or spiritual benefits, so it mostly occurs in trademarks, domain names and trade names.

To determine the behavior of trademark squatting, both subjective and objective elements must be considered. Subjectively, parties involved in trademark squatting have bad intentions, that is, they know or should know about others' prior creativity and use of trademarks and preemptively apply for registration with the Trademark Office. It is generally believed that if the trademark registrant and the true right holder of the trademark have ever engaged in the purchase and sale of goods related to the trademark or other business dealings related to the trademark, the trademark registrant can be deemed to be "knowingly" subjectively; if the true right holder's trademark It has strong distinctiveness, and/or has a certain degree of popularity in relevant areas and related industries. If the trademark registrant and the real owner of the trademark are in the same or adjacent region, and are operators in the same industry, under the above circumstances, It can be presumed that the trademark registrant subjectively "should have known".

Objectively speaking, the object of preemptive registration is a trademark that has been used by others and has certain influence. The “trademarks previously used by others and having certain influence” referred to here mainly refer to unregistered trademarks, including unregistered trademarks for all categories of goods and services, as well as for certain categories of goods or services. A trademark that has been registered but is not registered on other goods or services. The so-called certain influence means that the trademark of the real right holder has a certain degree of popularity in the relevant region and industry, is known to the relevant public and enjoys a certain reputation.

The relevant provisions of the "Trademark Law" are legal guarantees for genuine trademark rights holders to safeguard their rights. When enterprises encounter squatting, they can file a dispute with the Trademark Review and Adjudication Board in accordance with the law.

2. The parties need to pay attention to the following issues when raising disputes:

First, regarding the time limit. According to Article 41 of the Trademark Law, if the real right holder believes that his or her trademark has been preemptively registered by others in bad faith, he or she may apply to the Trademark Review and Adjudication Board for cancellation within five years from the date of registration of the trademark. The Trademark Law stipulates a five-year application time limit, which not only helps real rights holders discover trademark squatting and safeguard their rights in accordance with the law, but also urges parties to seek legal remedies in a timely manner to prevent relevant trademark legal relationships from being unstable for a long time. in state.

Second, regarding the submission of application documents. The applicant submits a dispute ruling application to the Trademark Review and Adjudication Board. The application documents generally include the following: "Application Form for Trademark Dispute Ruling", a power of attorney (if an agent is appointed), evidence materials, and submit them according to the number of respondents. Corresponding number of copies.

According to the provisions of Article 56 of the "Regulations on the Implementation of the Trademark Law", the State Administration for Industry and Commerce revised the document format for applying for trademark registration and handling other trademark matters, and on September 19, 2002 It was announced in the "Notice on the Announcement of the Document Format for Application for Trademark Registration and Handling Other Trademark Matters" [Gongshi Zi (2002) No. 234]. This includes the "Application Form for Trademark Dispute Ruling" and other document formats that should be used when applying for trademark review.

If a trademark has been registered maliciously, you need to calm down at this time and judge the stage of the trademark registration by others, because it may still be in the review stage, for example During this registration process, if it is not passed, you can complain and report to the relevant authorities.