중국 상표법상 악의적 상표 선출원의 규제에 관한 연구

A study on the Regulations in Malicious Trademark Registration in China’s Trademark Law

The trademark law of China has been revised three times since first started in 1982. The trademark infringement in China has occurred frequently despite significant progress of the trademark law of China. Entry of Koran companies into Chinese market is becoming more active than ever before due to Korean wave. But, on the other side, Korean companies cannot use their own trademark due to malicious trademark registration by others of China. First to file Rule that someone who has rights of priority registration is protected as holder of the trademark rights has been adopted in the trademark law of China. So then, cases of malicious trademark prior application are rapidly on the increase. There are some provisions of the law to supplement legal defects in the revised trademark law. Pre-use trademark is not always protected, but limited cases by whether commercial use or not would be revoked and nullified. In addition, it needs to require a certain amount of influence. Korean companies that have been in malicious trademark registration would need help of lawyers and experts on the trademark law in China. If Korean companies that is attempting to establish a new Chinese market would register trademark as the best way to actively protect their trademark through advance preparations completely. Registered with various notations, English written trademark, Chinese written trademark, Chinese pinyin trademark and similar trademark would be widely reserved. Besides, when registering a trademark, it is recommended for Korean Companies to register across a broad range of various categories considering expansion of business in China.