The Study On The Legal Regulation For The Preemptive Registration Of Trademark In China

In the time of the rapid development of our present economy, the market competition hasbecome increasingly harsh. The preemptive registration of trademark, driven by the profit, hasbeen growing into intensity. How to effectively regulate it has become an urgent issue that ourcountry has to pay more attention. It is reflected in the “Decision on the Revision of the‘Trademark Law of the People’s Republic of China’” adopted by the National People’s Congresson August30,2013. Compared with the present Trademark Law, the amendment has made greatprogress. However, the possibility of further improvement still exists. And our present Anti-unfairCompetition Law, enacted in1990s, should offer an overall protection to the intellectual property.But it has done an inadequate job of regulating the preemptive registration of trademark. There isstill a long way to go. Based on the domestic and international relevant legislation and practice, thispaper carries out a systemic research on the effective regulation for the preemptive registration oftrademark, through the integrated use of the research methods, like comparative analysis,documents research and so on.This paper is divided into four parts:The first part is about the present situation of the preemptive registration of trademark, whichis composed of three parts. Firstly, the definition of the concept is made based on the views of thefield. Secondly, the current situation of our country is elaborated specifically and themanifestations are summed up systematically. At last, the problems caused by the preemptiveregistration of trademark are concluded by the analysis of the current status in our country.The second part is the extraterritorial investigation of the regulation for the preemptiveregistration of trademark. This part mainly focuses on the relevant legislation of the internationalconvention, common law system and civil law system. Considering the domestic situation, it getsthe enlightenment from the foreign regulation, based on the analysis of the different aspects.The third part further analyzes and discusses the preemptive registration of trademark. Thispart starts with the inspection of the causes from the perspectives of the society and law. Then itsummarizes the two opinions of the behavioral nature in the academia, which are the criticism andthe legitimacy. And a brief comment is made. Finally, the relevant regulations in the Anti-unfairCompetition Law and the new Trademark Law, revised in2013, are discussed in detail. On this basis, it points out the deficiencies of our law on the occasion of regulating the preemptiveregistration of trademark.The fourth part is about the perfect suggestion to the regulations of the preemptive registrationof trademark in our law system. Based on the above analysis, referring to the relevant provisions ofthe foreign laws, this paper puts forward some specific and pertinent suggestions from threeaspects, which are the trademark examination process, the newly-revised Trademark Law and theAnti-unfair Competition Law.