Research On The Formulation System Of Trademark Right

The formulation system of trademark right is the core of the Trademark Law of the People's Republic of China. It is very important to protect the owner of trademark. To understand the formulation system of trademark in China, We must know the followings: First, the history of the formulation system of trademark; Second, the necessities of trademark's registration : 1), Validity of trademark, which means the trademark shall not break the Trademark Law and other Laws. Meanwhile, the trademark shall not breach the principle of social norms in Civil Law. 2),distinctive of trademark—recongnizablity. Meanwhile, under the distinctive of trademark, this paper discusses the trademark dilution and the geographical trademark. 3), novelty of trademark, which means the trademark's application shall not conflict with the priority of other rights. Last, when trademark right conflicts with other intellectual property rights, judicial review is the last resort of right protection. But how to deal with the relation of administrative procedure and judicial procedure is a big problem. Meanwhile, how to improve the judicial function of People's Court is one of the central aspect of this paper.