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Strategies for the Resolution of Trademark Squatting in the EU and China

Fu, Xiaxia LU (2024) HARN63 20241
Department of Business Law
Abstract
This thesis aims to explore the issue of trademark squatting and its solutions in the EU and China. Trademark squatting is a form of trademark infringement that occurs when individuals or entities register trademarks in territories where they do not have legitimate business operations, taking advantage of the "first-to-file" systems. If trademark squatting is permitted to persist, it has the potential to undermine the efficacy of trademarks and disrupt the normal operations of the market. Therefore, This thesis describes the practice of trademark squatting across different legal jurisdictions and analyses why the trademark phenomenon varies in the EU and China. The thesis comprehensively analyzes the tactics for protecting original... (More)
This thesis aims to explore the issue of trademark squatting and its solutions in the EU and China. Trademark squatting is a form of trademark infringement that occurs when individuals or entities register trademarks in territories where they do not have legitimate business operations, taking advantage of the "first-to-file" systems. If trademark squatting is permitted to persist, it has the potential to undermine the efficacy of trademarks and disrupt the normal operations of the market. Therefore, This thesis describes the practice of trademark squatting across different legal jurisdictions and analyses why the trademark phenomenon varies in the EU and China. The thesis comprehensively analyzes the tactics for protecting original trademarks from trademark squatting, strengthening the trademark law, and simplifying the obtaining system to ensure no room is created for squatters. It also explores filing a trademark internationally by leveraging the Madrid Protocol. In my thesis, I propose exploring an objective approach to interpreting bad faith in the reclamation of trademarks from squatters. I suggest the utilization of WIPO Arbitration as a valuable method for resolving trademark squatting conflicts, given its more impartial nature compared to domestic litigation. Furthermore, addressing language barriers and providing remedies can aid in addressing both registered and unregistered trademark squatting. (Less)
Please use this url to cite or link to this publication:
author
Fu, Xiaxia LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
trademark, trademark squatting, territory, first-to-file, first-to-use, well-known trademark, bad faith
language
English
id
9156739
date added to LUP
2024-06-03 09:19:44
date last changed
2024-06-03 09:19:44
@misc{9156739,
  abstract     = {{This thesis aims to explore the issue of trademark squatting and its solutions in the EU and China. Trademark squatting is a form of trademark infringement that occurs when individuals or entities register trademarks in territories where they do not have legitimate business operations, taking advantage of the "first-to-file" systems. If trademark squatting is permitted to persist, it has the potential to undermine the efficacy of trademarks and disrupt the normal operations of the market. Therefore, This thesis describes the practice of trademark squatting across different legal jurisdictions and analyses why the trademark phenomenon varies in the EU and China. The thesis comprehensively analyzes the tactics for protecting original trademarks from trademark squatting, strengthening the trademark law, and simplifying the obtaining system to ensure no room is created for squatters. It also explores filing a trademark internationally by leveraging the Madrid Protocol. In my thesis, I propose exploring an objective approach to interpreting bad faith in the reclamation of trademarks from squatters. I suggest the utilization of WIPO Arbitration as a valuable method for resolving trademark squatting conflicts, given its more impartial nature compared to domestic litigation. Furthermore, addressing language barriers and providing remedies can aid in addressing both registered and unregistered trademark squatting.}},
  author       = {{Fu, Xiaxia}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Strategies for the Resolution of Trademark Squatting in the EU and China}},
  year         = {{2024}},
}