First, the number of registered trademarks is large, and subjective malice is obvious.
The registered trademark is identical with or similar to the well-known trademark of others.
The registered trademark is identical with or similar to the name of a famous person, the name of an enterprise, the abbreviation of the enterprise name or other commercial marks (including the obligee and affiliated companies).
A registered trademark belongs to the case of plagiarism, imitation and translation of other people's well-known trademarks as stipulated in Article 13 of the Trademark Law.
A registered trademark belongs to the situation that an agent, representative or other related party knows the existence of a trademark previously used by others as stipulated in Article 15 of the Trademark Law.
A registered trademark belongs to the circumstances stipulated in Article 32 of the Trademark Law, which damages the existing prior rights of others or preemptively registers others for use by improper means, and has certain influence.
Registered trademarks are trademarks whose use and registration are prohibited by Articles 10, 11 and 12 of the Trademark Law.
Grab specific fields and specific types in the trademark collection. Combined with the author's experience in handling similar cases, some registered trademarks have the characteristics of * * * *.
Second, whether the location, industry and operating conditions of the cybersquatting party have reasonable creative sources and use intentions for cybersquatting trademarks.
At present, many cybersquatters are "natural persons". They have registered a large number of local well-known trademarks or well-known trademarks in a specific industry, but they have not actually used them, and they have no reasonable creative source and use intention.
It can be seen that a large number of registered trademarks applied by cybersquatters have no creative source and use intention, and malicious cybersquatting of well-known trademarks in local industries belongs to unfair hoarding of trademarks.
Third, registering multiple trademarks, once successful, will be transferred and get illegitimate benefits from it.
At present, due to the relatively low cost of trademark registration application, some registrants have registered a large number of trademarks in the market. Once a registered trademark is announced or approved for registration in the preliminary examination, it will be transferred at a low price to obtain illegitimate interests.
This behavior will further expand the bad influence of registered trademarks in the market, thus disrupting the order of the trademark market.
Fourth, the repeated practice of cybersquatting has been identified as malicious registration of trademarks and infringement of the exclusive right to use registered trademarks of others.
In fact, the malicious cybersquatting behavior of cybersquatters is not accidental, but repeated many times. If the cybersquatting party has been found to be engaged in malicious trademark registration by an effective administrative decision or ruling or judicial judgment, it infringes on the exclusive right of others to register a trademark.
On the one hand, this is also one of the factors that China National Intellectual Property Administration comprehensively considers when conducting trademark examination.
Due to the diversity and complexity of cybersquatting in the market, it is impossible for the author to exhaust all kinds of cybersquatting. In addition to the situations listed above, there are other acts of cybersquatting by deception or improper means, as well as other situations that violate the principle of good faith.
Therefore, China National Intellectual Property Administration and relevant departments have been actively promoting and implementing measures to curb malicious cybersquatting. For legitimate trademark owners, after discovering this kind of cybersquatting, you need to formulate targeted attack ideas, so as to actively take measures to confirm rights and safeguard rights.
In the process of trademark management, if you have any questions or needs, you are welcome to log on to Kangxin IP platform and submit your application yourself. The professional agent will process your order within one working day.
I hope my answer can help you!