关键词: 商标, 恶意, 恶意诉讼, 法律规制

Abstract: Trademark malicious lawsuit is a kind of malicious litigation behavior, and the principle of good faith is the legal basis for regulating trademark malicious lawsuits. There exist some problems in the current laws and regulations, such as unclear definition, insufficient norms and prevention mechanisms, etc.. In judicial practice, the identification of “malicious lawsuits” has different standards, and the standards of compensation for losses are quite complicated, which are not conducive to curb the trend of frequent occurrences of trademark malicious lawsuits in recent years. Aimed at the above problems, in the substantive laws, the trademark malicious lawsuits and the identification standards should be clarified, and the anti-compensation system should be added. In the procedural laws, it is necessary to clarify the pre-litigation injunction system and strictly limit the withdrawal of prosecution. At the same time, the credit regulation mechanism should be further improved to be a supporting measure to the substantive laws and procedural laws to jointly safeguard the interests of the parties. On the basis of learning from foreign advanced experience, trademark malicious lawsuits can be effectively identified and regulated.

Key words: trademark, malice, malicious lawsuits, legal regulations