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How to maintain " ill will is grabbed note "
From;  Author:Stand originally

Alleged " ill will is grabbed note " be people only. Common appellation. Press active " trademark law " thirtieth regulation, namely " the brand that must not register other to had been used first with wrong step and has certain effect " . Accordingly, "Ill will is grabbed note " it is the applicant uses unreasonable or illegal means, had used another person but have not: Registered trademark applies for to register to brand bureau with his name. Form " ill will grabs note " important document has the following:

(One) applicant for seek profiteering, this is subjective important document

"Ill will is grabbed note " the applicant is the label that has used another person the brand that serves as oneself offers application, the itself of this kind of behavior, already embezzlement the work achievement of other, if register a success, as good as at using lawful means theft. Once register a success,more serious is, "Ill will is grabbed note " after the applicant becomes lawful holder, meet those who use its registered trade mark take up namely authority, prohibit other is used the brand that belongs to his originally or high price of the person that use its punish to counterpoise to be noted to be being grabbed are made over or costly license uses this label. If these purposes cannot be achieved, can mention of tort appeal to or demand compensation to industrial and commercial administration.

Real problem is, how maintain this one subjective important condition hold water? We reach inner world of the applicant impossibly deep, go understanding them subjective desire whether the for the profiteering essence that can analyse him only through the phenomenon. What phenomenon can divide separate out to come? It is to see him register success hind whether oneself are used, use on oneself product namely, whether does this kind of product belong to congener or similar product with the product that is grabbed to note a person; 2 be whether be made over to be being grabbed to fix person high price or costly license uses this label; 3 it is whether direct charge is grabbed to note person tort, put forward to compensate for a request. Pass the analysis of this a few respects, if " grab note " applicant registered trade mark, basically not be oneself are used, even oneself do not have a product, be made over at high price after that or to be grabbed to note a person to put forward to compensate for a request, we can hold his subjective end truly definitely, it is for seek profiteering.

(2) the applicant took wrong step, this is behavior important document
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