Legal analysis: (1) In order to seek illegitimate interests, the applicant is the subjective element of "malicious cybersquatting". The trademark applied by the applicant has been used by others as their own trademark. This kind of behavior itself has encroached on the fruits of others' labor. If the registration is successful, it is tantamount to stealing in a legal way. More seriously, once the registration is successful, the applicant for "malicious cybersquatting" becomes the legal owner, that is, he will use the occupation right of his registered trademark to prohibit others from using his own trademark or use his right to dispose of it, and transfer or license the registrant to use the trademark at a high price. If these purposes cannot be achieved, they will file an infringement lawsuit or report to the administrative department for industry and commerce for compensation.

One is to see whether he uses it himself after successful registration, that is, on his own product, and whether this product is similar to or similar to the registrant's product;

The second is whether to transfer or license the trademark to the registrant at a high price;

The third is whether to directly sue the registrant for infringement and claim compensation. Through the analysis of these aspects, if the registered trademark of the "cybersquatting" applicant is not mainly for his own use, or even does not have his own product, and then transfers it at a high price or requests compensation from the cybersquatting person, we can accurately identify his subjective purpose, that is, to seek illegitimate interests.

(2) the applicant has taken improper means, which belongs to the improper means of behavioral elements. It means that the applicant for trademark registration falsely fills in the relevant matters in the application for trademark registration and related materials provided in an unreasonable or illegal way, and the Trademark Office of the State Administration for Industry and Commerce cannot examine the authenticity of the application and related materials. Therefore, only in the objection procedure or in the subsequent cancellation of the trademark application by the registrant can improper means be identified, and the registrant will prove that the applicant has taken improper means. What are the improper means?

1. The applicant takes advantage of the relationship with others. Small and medium-sized enterprises are the easiest objects to register. Because small and medium-sized enterprises often don't register their trademarks before launching their products to the market. More often, they registered their trademarks after their products had a certain influence.

2. Use the background of cooperation with others. As partners, they know the purpose of registered trademarks best. Some secretly register the partner's trademark as their own in the process of cooperation, and some register the partner's trademark first after the cooperation is over.

3. Other people in the same area who know the inside story. Take advantage of its different conditions and advantages, such as managers, legal advisers, journalists, trademark agents, etc. In the process of news interview or management, they can learn about the use of the operator's trademark, foresee the benefits brought by registered trademarks and register first. The above unfair means are similar, all copying trademarks used by others but not applied for registration before, and none of them have condensed their wisdom and creativity on the trademarks they applied for registration. In essence, they use deception to cover up the illegal or unreasonable nature in a legal form, which violates the principle of "good faith".

(3) Successful registration, whether objective or factual, will eventually lead to "malicious cybersquatting". If in the objection procedure, the registrant finds that his trademark has been applied by others, he can raise an objection, which leads to his unsuccessful registration. Of course, there is no "malicious cybersquatting".

In fact, in practice, a large number of operators do not know that their trademarks have been applied for registration by others. Even if there is a three-month announcement period in the program, not all operators can see this announcement in time. Often, the registered trademark originally belonging to oneself is registered by others only after the registered registered registered by the cybersquatter is successful.

Legal basis: Article 22 of the Regulations on Administration of Industrial and Commercial Registration. If the business scope of a company applying for registration belongs to matters that need to be approved before registration as stipulated by laws, administrative regulations or the State Council decisions, it shall be reported to the relevant state departments for approval before applying for registration, and relevant approval documents shall be submitted to the company registration authority.

Article 23 of the Regulations on Administration of Industrial and Commercial Registration If the articles of association of the company violate laws and administrative regulations, the company registration authority has the right to require the company to make corresponding amendments.