The Research Of Trademark Registration System In China

After 30 years of continuous improvement, China's current trademark system has formed the basis of a relatively perfect system, but the trademark registration system still exist in some lag, which, to some extent, harms the interests of the relevant trademark registration applicant and the relevant stakeholders. It is the current urgent task on hand of China's trademark registration system to show the problems of China's trademark registration system and make further improvements. Given this, we should be based on full respect for China's national conditions, learn from foreign experience in state trademark system, Strengthen the building of China's trademark registration system.The article includes four parts, which from the basic theory of the trademark registration system, through the legislation of foreign trade mark registration system study and China's Situation, we found some lacks of trademark registration system in our trademark registration system and Puts forward some measures to improve.The first part is the general analysis of the trademark registration. This part represents the registration of trademarks trademark with the definition, Contrasts the foreign trademark registration system, and discusses the principle of registered trademarks in China, through which we get the differences of principles of trademark registration between China and other countries. At last the legitimacy of trademark registration is mainly discussed, and we know that trademark registration system is the protection of consumers' rights and products of commodity quality security.The second part is the legislative investigation of foreign trademark registration system. In this part, American's use of registered principle, vice books registration system and federal and state two levels of registration system are detailed inspection.The claim interests of trademark registration of the system before the detailed implementation in Japan is described in more detail.Singapore, which is a relatively developed trademark system, such as many kinds of trademark registration, a division of application, application of trademark license registration and other implementation conditions and implementation condition. At last, the article discussed the Ec unified single community trademark registration system, which has some significance for the "one country, two systems" in the legal system.In the third part, based on the above mentioned national trademark registration legal system in the legislation of investigation and our country's trademark legislation survey, the article analysises China's current trademark legislation and find many defects of China's trademark registration system. From the entity in terms of trademark registration legislation, the constituent elements of trademark are much narrow. Protection measures of prior rights and pending Trademark is still not perfect; As for procedure, there is so little deadline rules of authority of trademark and "a standard category" registration system that Trademark registration is so inefficient. The lack of trademark registration inquires program makes case filed for various, which Influence trademark registration efficiency.In the fourth part, according to the defects of our trademark registration law system, we will put forward measures to consummate our trademark registration law system from entity and procedures. In entity,we must Severely punish the dishonest behaviors in the use of the trademark, enlarge trademark elements perfect trademark registration system in the prior right legal status and range of regulations, establish Licensing system and Interests claim system of Pending trademark; In programs, we will make more and more rules to restrict the authority of Trademark to abide deadline;we also Establish some other system,such as "A standard type of trademark registration system", "Cross class application",Trademark segmentation system,Trademark registration inquires system and Two levels of trademark registration system,which will perfect our country's trademark in related legislation。...