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How to prove malicious cybersquatting?
1. How to prove malicious cybersquatting? Article 31 of the Trademark Law stipulates that "a trademark that has been used by others and has certain influence shall not be registered first by improper means". First of all, you have to prove that the other party is seeking illegitimate interests subjectively. The identification method is usually: 1, to see whether he uses it himself after successful registration, that is, on his own product, and whether this product belongs to the same kind or similar product as the registrant's product; 2. Whether to transfer or license the trademark to the registrant at a high price; 3. Whether to directly accuse the registrant of infringement and claim compensation. Secondly, prove that the other party has taken improper means. Identification method: 1. Applicants take advantage of relationships with others. 2. Use the background of cooperation with others. 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. Second, the trademark is maliciously registered 1 how to deal with it? When a registered trademark enters the announcement of preliminary examination and approval, it raises an objection. Legal basis: Article 30 of the Trademark Law may, within three months from the date of announcement, raise objections to the preliminarily approved trademarks. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made. Article 31 of the Trademark Law An application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means. 2. After the registered trademark is approved, any dispute may apply to the Trademark Review and Adjudication Board for cancellation of the registered trademark. Legal basis: Article 41 of the Trademark Law, if a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark. Where a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years. In addition to the provisions of the preceding two paragraphs, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date when the trademark is approved for registration. After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit. In recent years, with the continuous development of economic level, many enterprises have been established. According to the relevant provisions of the state, the parties may also register the trademarks of their own enterprises. If there is anything unclear when registering a trademark, it can also be handled through a special trademark registration agency. If they encounter malicious cybersquatting, they can also raise an objection to the Trademark Office.