Study Of Trademark Extension Registration

With the brand extension strategy in the worldwide popular, trademark authorized administrative disputes that related to extension registration have attracted more and more scholars and judges’ attention. But now in our country, less attention is put in the theory and practice of trademark extension registration. Although Beijing Municipal Higher People’s court introduced the “Beijing Municipal Higher People’s Court concerning trademark licenses and authorized administrative case trial guidelines "(hereinafter referred to as the trial guidelines) for guiding trademark extension register in judicial practice, the provisions of the guidelines are too shallow to solve some problems, such as what is the quality of trademarks extension registration? Whether the continuation of the goodwill has legitimacy? What conditions need for the continuation of goodwill in trademarks extension registration cases? These problems were systematic researched and analyzed in this article; therefore the paper will provide an effective solution to this kind of case, in order to offer a strong legal protection for China’s enterprises in the implement of the brand extension strategy.The essay consists with the following four chapters:The Chapter One is about the definition of trademark extension registration. This part will start with the definition, classification, essence of the definition. Then the chapter will compare and analyze several relevant concepts to further clarify the concept and scope of trademark extension registration.The Chapter Two elaborate status quo and problems exists in the application of rules of trademark extension registration. This part first illustrate the protected content of trademark extension registration before and after the issue of trial guidelines, then describe two misunderstandings that prevail in the administrative institutions and the court. Finally, according to the current trial guidelines about the extension of trademark registration,several specific problems are pointed out.The Chapter Three mainly discusses the legitimacy and rules of trademark extension registration. This chapter is started by demonstrating legitimacy of goodwill continuation. It is pointed out that the trademark bearing goodwill not only has provides the legitimacy foundation for trademark license, but also determines the scope of protection of trademark right. In addition, this part introduce the doctrine of family marks and common use and common registration system in American and draws on these systems to demonstrate the application rules and system positioning of the extension of the trademark registration.The Chapter Four sets forth several ideas and proposals against legislation and practice problems of trademark extension registration in the expectation to provide guidance and norms for China to solve related cases in the future.