Trademark squatting occurs frequently. Not long ago, the trademarks of Li Wenliang, Huoshenshan, and Leishenshan were maliciously registered by others.

There are all kinds of squatting phenomena, and the trademark squatting in the names of celebrities mainly falls into the following categories: First, others register trademarks under the celebrities’ real names, stage names, pen names, etc.; Second, others use homophonic or homophonic names of the celebrities’ names. Dialect registered trademark. Third, others use the name of a deceased celebrity to apply for trademark registration. Although there is no prohibition in law, such applications should be restricted or prohibited from the perspective of public order, good customs and unfair competition; fourth, others have the same name as the celebrity and use their own trademark. If a name is registered as a trademark, in this case, others have the legal right to use the name. Even if there is subjective malice in preemptive registration, it is difficult to determine that his behavior is infringing. In order to protect the interests of the public, he can be required to publicize it. Clarifying labels unrelated to celebrities are included in the process to avoid confusion.

Squatting is not a legal concept. The difference from legitimate registration mainly lies in whether the registrant has subjective malice when registering a trademark. The legal factors for judging trademark squatting should include the following points:

1. The time to apply for registration is in the early stages of the celebrity becoming famous or after the celebrity has become famous. A person becomes a hot figure in a certain period of time or due to a certain event, and others quickly register a trademark in his name. That is, the time to apply for trademark registration is in the early stages of his fame or after he has become a celebrity. At this time, the speculative psychology and subjective malice are more obvious. .

2. Names registered as trademarks have high popularity. Generally speaking, whether it has high popularity should be comprehensively judged based on the medium of its promotion, geographical scope, awards and honors received, etc. For some people who are not well-known or celebrities in a certain small area, it is not appropriate to exclude others from the right to register a trademark, otherwise it will constitute an obstacle to the freedom of trademark registration.

3. The applicant is not related to the registered trademark. Unrelated registrations can be one of the factors that determine "squatting". If the applicant is related to the registered name and trademark and its registration behavior is legitimate and reasonable, it should not be deemed as "squatting".

The above is an introduction to the factors for judging trademark squatting. Trademark squatting is undesirable and will not be approved by the National Trademark Office examiner, making it invalid.