Research On The System Of Trademark Rights Acquisition By Registration

The trademark acquisition system is the cornerstone of trademark system.In terms of acquisition methods,there are mainly two ways which are acquisition by use and acquisition by registration.These two methods have their own advantages and disadvantages.In the historical development,the first system established is the acquisition by use,and with the development of business needs,and also based on problems of the acquisition by use,the trademark system of acquisition by registration was established,however new problems were introduced at the same time.Regardless of the acquisition methods,the acquisition system should reflect nature of trademark and realize functions of trademark.The first chapter of this paper begins with the current situation of trademarks to explain the status and problems of acquisition by registration.In view of the chaos in the current development of trademark registration system adopted in China,especially the analysis of trademark squatting and trademark hoarding,not only the phenomenon,such as various types of trademark squatting and related cases etc.,but also its reasons,in addition to the surface reasons such as interest-driven and actual needs,further analyze the reasons for the misunderstanding of the registration system and systemic gaps of the registration system.The second chapter of this paper further analyzes the registration system of trademark rights from the perspective of historical and theoretical research.First of all,from the perspective of historical development,it analyzes the acquisition process of trademark rights and the establishment process of registration,especially the practical reasons for the establishment of registration and the evolution of China's registration acquisition system.Secondly,from the international perspective,the system of trademark registration and acquisition is analyzed.Through the analysis of the legislation and development of the representing country of acquisition by use system,the United States,the US acquisition system actually includes the components of the acquisition by registration system.In the analysis of the legislation and development of the United Kingdom as a representing coutry of transforming from acquisition by use system into acquisition by registration system,it was found that the UK's registration system contained a large amount of elements of trademark use.Further,in the international treaties related to trademarks,the Madrid International Registration System has established a worldwide acquisition by registration system,which also reflects the need for registration systems in international trade.Finally,through the analysis of the basis of acquisition by registration system,the relationship between registration and the essence of trademark and trademark function is deeply explored,that is,the essence of trademark and the function of trademark are the basis of acquisition by registration system.The autonomy of meaning and the confirmation of law reflect the charactor of acquisition by registration system.The unity of fairness and efficiency reflects the value of the acquisition by registration system.The third chapter of this paper expounds the system design of the acquisition of trademark right by registration system,including the basic principles and essential elements as well as the registration procedures.Among them,in the basic principles,it emphasizes the unity of the principle of good faith and the purpose of real use;in the essential elements,it focuses on the analysis of the content and basis of distinctiveness,especially the analysis of the inherent distinctiveness and comparison between acquisition by use and acquisition by registration,leads to the basis of the distinctiveness judgment in the acquisition by registration system: the rationality of the legal presumption.In the last section,the relationship between the acquisition by registration system and the use of trademarks is described.In the fourth chapter,combined with the contents of the previous three chapters on the chaos in China's trademark system and its cause analysis and the basis of acquisition by registration system,as well as content design of the system,it puts forward suggestions on the improvement of China's trademark registration system.The main roots of many problems in China's current trademark registration system are the misunderstanding of the trademark registration system and the lack of some rules in the current registration system.Through some regulations,the registration rights can be returned to the nature of trademark,such as legal rules against applications that lack real purpose of use and bad faith applications,legal rules against unused registered trademarks,and conflict resolution regulations between registered trademark rights.