What should I do if I find malicious cybersquatting?
1. what should I do if I find malicious cybersquatting? First, trademark objection-raise an objection to the trademark announced in the preliminary examination. Second, the declaration of trademark invalidation-dispute the registered trademark to the Trademark Review and Adjudication Board. Third, the way to avoid malicious cybersquatting of trademarks from the source is to apply for trademark registration earlier, without giving opponents a chance to cybersquat. Fourth, if the other party has not used the registered trademark for three consecutive years after the cancellation of the trademark, it can apply to the Trademark Office for the cancellation of the trademark. It should be noted that when submitting an application to the Trademark Office or the Trademark Review and Adjudication Board, the parties concerned should file an application for objection or dispute adjudication within the time limit prescribed by law, and submit relevant evidential materials at one time as far as possible within the time limit. It is incumbent upon us to protect our trademark rights. Trademarks are intangible assets of enterprises. Second, social comments: Malicious cybersquatting of domain names should bear civil liability. In the past, some people registered other people's well-known trademarks as computer network domain names for commercial purposes, and then offered high prices to transfer the domain names to gain benefits. A judicial interpretation in the Supreme People's Court, which came into effect on July 24th, determined that this behavior was malicious. According to the law, malicious behavior is one of the conditions to bear civil liability for infringement or unfair competition. The interpretation of several issues on the application of law in the trial of civil disputes involving computer network domain names recently passed by the meeting of the Judicial Committee of the Supreme People's Court stipulates the cause of action, acceptance conditions and jurisdiction of domain name disputes that are of public concern, the conditions under which acts such as domain name registration and use constitute infringement, the malice of the actor and the determination of the well-known facts of trademarks in the case. It is the key to correctly hear domain name disputes in accordance with the law to determine whether the registration and use of network domain names by the defendant constitutes infringement or unfair competition. This judicial interpretation clearly stipulates four conditions for the actor's registration and use of domain names to constitute infringement or unfair competition: First, the civil rights and interests requested by the plaintiff are legal and effective. Second, the defendant's domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff's well-known trademark; Or the same as or similar to the registered trademark and domain name of the plaintiff, which is enough to cause misidentification of the relevant public. Third, the defendant has no legitimate reasons for registration and use. Fourth, the defendant was malicious. In view of the actual situation of network domain name disputes, the Supreme People's Court's judicial interpretation lists four most common malicious situations: first, registering other people's well-known trademarks as domain names for commercial purposes; Second, registering or using a domain name that is the same as or similar to the plaintiff's registered trademark and domain name for commercial purposes, deliberately causing confusion with the products and services provided by the plaintiff or the plaintiff's website, and misleading network users to visit their websites or other online sites; Third, it has offered to sell, lease or otherwise transfer the domain name at a high price to obtain illegitimate interests; Fourth, after registering the domain name, he did not use it or prepare to use it, but intentionally prevented the obligee from registering the domain name. As long as one of the situations is involved, the court can determine that the defendant is subjectively malicious. According to the provisions of this judicial interpretation, if the court finds that the registration and use of domain names constitute infringement or unfair competition, it may order the defendant to stop the infringement and cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; If actual damage is caused to the obligee, the defendant may be ordered to compensate for the loss. With the continuous improvement of the country's economic level, more and more enterprises will be established in society. In order to standardize the business behavior of each enterprise, the company law has also been formulated. After the company is established, it is necessary to register not only the company name but also the trademark. If the trademark is registered, it can also be complained and defended by other enterprises and parties.