A malicious trademark registration application without the purpose of use means that the applied trademark is similar or identical to someone else’s existing trademark, and the person intentionally uses or confuses someone else’s trademark, and his behavior will be punished by law.
Trademark is one of the important assets of an enterprise, and protecting trademark rights is of great significance. Bad-faith trademark registration applications without the purpose of use refer to the behavior of enterprises or individuals who apply for a trademark instead of using the trademark, and the applied trademark is similar or identical to someone else’s existing trademark, and intentionally uses or confuses other people’s trademarks. . The existence of this kind of behavior not only wastes registration resources, but also damages the legitimate rights and interests of others. In order to avoid such malicious trademark registration applications, our country has formulated corresponding legal provisions. The "Trademark Law" clearly stipulates that "if the malicious registration of another person's trademark is serious, the industrial and commercial administrative department shall stop it in accordance with the law, and may file a lawsuit with the People's Court." The state has strengthened legal sanctions for illegal activities such as economic cheating and malicious registration of trademarks. Especially in new business formats such as e-commerce, trademark protection is even more important. Enterprises need to strengthen their legal awareness, actively protect their trademark rights and interests, and at the same time abide by the principles of legal and fair business competition.
How to prevent malicious trademark registration applications that are not intended for use? Enterprises should improve their awareness of trademark laws, register their own trademarks as early as possible, and maintain and protect existing trademarks to avoid malicious registration. At the same time, you must pay close attention to the trademark trends in your industry, promptly understand and reflect malicious trademark registration applications, and protect your legitimate rights and interests through legal means.
A malicious trademark registration application without the purpose of use is a serious infringement and will be subject to severe legal sanctions. Enterprises should strengthen trademark protection, register trademarks in a timely manner, and do a good job in trademark maintenance and protection to safeguard their legitimate rights and interests.
Legal basis:
A registered trademark in Article 45 of the Trademark Law of the People's Republic of China violates Paragraph 2 and Article 13 of this Law. As stipulated in Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, the prior right holder or interested party shall The relevant party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.