Cybersquatting refers to the behavior of the actor who preemptively registers a trademark that has been used by others and has certain influence by unfair means without any purpose of use. Moreover, the scope of the aforementioned cybersquatting can be identified as a well-known trademark or a well-known trademark is not a similar commodity or service.

legal ground

Article 4 of the Trademark Law of People's Republic of China (PRC)

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The application for registration of a malicious trademark that is not intended to be used shall be rejected.

The provisions of this Law on commodity trademarks shall apply to service trademarks.

Article 56

The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.

Article 32

The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means.