According to the provisions of Articles 44 and 45 of the current Trademark Law, a registered trademark may be declared invalid if it violates absolute reasons such as Articles 10, 11 and 12, or is registered by unfair means such as deception, or violates relative reasons such as Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32. Among them, some clauses only focus on the subjective state of "knowing", such as the agent or representative stipulated in Article 15 registering the trademark of the principal or representative in his own name, or knowing the existence of other people's trademarks based on contract, business relationship or other relationships, but some clauses contain two subjective possibilities of "knowing or should know", such as the second half of Article 32. If the clause declaring the trademark invalid is only aimed at the subjective "knowing" state, the infringement lawsuit should probably be considered as a malicious lawsuit; However, if the clause declaring a trademark invalid contains two subjective states of knowing or should know, it is difficult to judge whether the infringement lawsuit constitutes a "malicious lawsuit" unless the Trademark Office or the Trademark Review and Adjudication Board explicitly proposes that the party applying for a trademark is based on the subjective state of knowing.