In order to effectively deal with and control malicious trademark squatting, China's Trademark Law of the People's Republic of China (draft for Comments) introduced the compulsory trademark transfer system, and made comprehensive provisions on the scope of application, procedure norms and review conditions of the system. The system of compulsory trademark transfer gives the squatting person the right to request the national intellectual property administrative department to transfer the registered trademark to him. The system is more direct in protecting the legitimate rights and interests of the prior right holder and dealing with the problem of malicious trademark squatting, and can effectively improve the fairness and efficiency of trademark management. The above provisions provide a basic legal framework for the compulsory trademark transfer system, but on the whole, its standard design is still slightly rough. We should further clarify the independence of the compulsory transfer system, reasonably set the time limit of the forced transfer, and extensively cover the various possible scenarios of malicious squatting, so as to improve the practical application effect of the system and better serve the modernization process of the trademark rule of law in China.

Yu Xiaotian. Optimization and improvement of the compulsory transfer system of registered trademarks -- Comments on the relevant provisions of the Revised Draft of the Trademark Law (Draft for Comment). International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 6: 1-8. https://doi.org/10.25236/IJFS.2024.060601.

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