Trademark Registration Substantive Conditions Of China

Trademark registration substantive conditions is an important content of China’sTrademark Law,trademark registration substantive conditions is made a very detailedprovisions in trademark law, however, the current regulations there are some flaws intheory, research in this area is not reasonable. Therefore, the article start with thedefects of the trademark registration in China real conditions talk about, followed byfour parts of the theoretical analysis from the real conditions, and finally suggestionsfor trademark registration in China in real terms the condition of perfect. Specifically,include the following:Part Ⅰ: China’s registered trademarks of the defects of the real conditions. About thetrademark registration substantive conditions mainly reflected in the nine provisionsof the Trademark Law of China; followed by analysis of the defects of the existingtrademark registration substantive conditions: irregular provisions, the level is notclear, the term is not rigorous, and the current theoretical circles the trademarkregistration in real terms summary of the conditions, the advantages anddisadvantages of the four perspectives of theory; the substantive conditions of thetrademark registration, including legitimacy, in theory, should be the last significantnon-functional earlier.Part Ⅱ: the legality of the substance of one of the conditions of the trademarkregistration. That part of the mandatory requirement of legitimacy is not allowed toviolate the law, the legitimacy of the trademark registration for the trademarkregistration must meet the first condition, is of great significance, then described thelegitimacy of the request is consistent with the statutory elements of, not the terms ofthe disabled in violation of trademark law, not by deception or other improper meansto obtain a trademark registration, the Trademark Law, third revision of the draft "ofthese three parts of the modifications in the text will be elaborated.Part Ⅲ: two of the real conditions of the registration of trade marks significant.In this paper, first of all mention of the significant trademarks which has the markingand the difference between sexual enable the relevant public to distinguish the goods,significantly with sex is a trademark in real terms in elements of the core, trademark law provisions mainly embodied as Article8and9positive provisions, as well as11negative provisions. Followed by a significant meaning and elaborated its judgmentrule and classification to obtain significant partial combination of the Trademark LawRevision3draft "that part made to change were analyzed and discussed.Part Ⅳ: trademark registration of the real conditions of non-functional. First tosay clearly that the functional characteristics of the goods necessary for the use orperformance of goods, with the functionality of the flag can not be registered. Thepart starting with a functional meaning to talk about, followed by functional issueswere discussed from two aspects of the functionality of the three-dimensionaltrademark with significant and color trademarks functional.Part Ⅴ: the substance of the trademark registration conditions earlier. Earlier sexis mainly reflected in the provision in Article9of the Trademark Law and Article31,the same meaning as the expression in the two text but provides different, the articlealso analyzes the defects on the representation of the two text, and Trademark LawThe third revision of the draft "in that part of the changes made and perfect.Part Ⅵ: Suggestions for Improvement of trademark registration in China realconditions. On the formulation of the legislation, it is best to take the provisions of theEC Trade Marks Ordinance. Content, the EC Trade Marks Ordinance "elements of thetrademark registration is how the provisions of, and analyze the benefits of suchprovisions of the EC Trade Marks Ordinance, the Trademark Law of China can learnfrom the European Community Trade Marks Ordinance trademark registrationElements of the provisions from the negative provisions of trademark registrationconditions.