A Perception On Trademark Rights Acquisition In China

With the constant development of market economy, especially after China's entry to WTO century, China's legal system of trademark rights acquisition has been attracting more and more attention from the industries at home and abroad. In 2009, for example, 204 applications for trademark registration of pledge were gone through by the Trademark Office; the pledge value is 10.146 billion yuan. The Trademark Office promulgated a "trademark application for transfer of the provisions of the relevant issues", to further improve the procedures for trademark assignment, standardized mark the transfer, and is beneficial to reduce the transfer of trademark disputes. Furthermore, for ensure smooth progress of administrative reconsideration and administrative litigation process, the Trademark Office develops and carries out the "The Text Process of Administrative Reconsideration and Administrative Law Office ", and it has played an important role on proceedings and review. In 2009, the Trademark Office handled a total of 48 cases of administrative review; administrative litigation of first and second instance is a total of 20 cases. This paper first introduces the concept of trademark rights, nature, character, way to obtain trademark rights and trademark rights acquired in good faith, and on the basis of analysis of the current situation of China's trademark system, combined with the experience of domestic and international trademark system, provides a measures to obtain a trademark registration for current system in China.From current situation in China, trademark rights and company name trademark conflicts. From the practice of trademark registration, business name and trademark to be registered have the conflicts, the mainly conflicts include two: one is a registered trademark application for registration of business name with the earlier conflict. The other is that in real life there are a lot of the others, registered as a trademark the name of your business to deceive or mislead the public, and damage the legitimate rights and interests of trademark. In the case of trademark registration in China, there is still a lot of squatting phenomenon. Principles of trademark registration in the initial legislation to take the first to file, meaning that as long as the first use of a trademark application and get up to can get the exclusive right to the mark, others no longer use the trademark. Objectively, this provision of law through the connivance of the so-called "cyber squatters" to register the trademark of misconduct, resulting in activity registered trademark event happened quite frequently. At the same time there is still a trademark of the problem properly, in addition to the three-dimensional trademarks and design patents also have the conflict. In the powers of the trademark registration of the protection, there are still some procedural issues, which include the up cycle is longer and so on. Review cycle is too long for trademark registration of trademark review has become the biggest problem, the fundamental reason is not the shortage of examiners or inefficient, but "junk trademark" flooded. This also makes that in our country the regular maintenance of trademark rights in an awkward position. Obtained under the trademark two-year system for an enterprise development is not a short developing cycle, in two years a trademark which have applied for but not yet adopted a registered trademark can grow with the business. With market continuing to develop, the trademark can gradually unknown to known. The trademarks also will increase the value of intangible assets, rights, also increase the risk of maintenance. Combined with maintenance procedures on the right problems in China, particularly in the period of review of trademark registration, from the actual situation of our country there are many practical problems for maintaining the right.For the above problems, combined with system of trade mark and rules of United States, Japan and the EU, and with the actual situation in our country, and this paper puts forward a strategy of the improvement in this regard. The strategy includes: trademark registration normative value, order value, the value and effectiveness of the controversial value system; by joining international conventions of the trade mark registration, with all its WTO commitments, modifies the rules and coordinated response to the development of international trademark registration means to resolve the international trademark registration issues of coordinated development; substantive rights through trademark registration rules and registration form to obtain the optimization to improve the examination system of trademark registration, etc. The strategy has some theoretical and practical significance for the development of trademark acquisition.