Study Of The Trademark Extension Registration

With the increasingly fierce market competition,brand marketing,brand protection and brand confrontation have become an indispensable strategy in expanding the market scale.And the problems such as trademark protection and trademark extension registration have gradually become issues requiring urgent attention.More and more researchers in academic and practical circles regard them as a research topic.Judging from the current research,whether it is the trademark legislation or the academic research,the research on trademark extension registration system is still a relatively weak link,which is mainly because the trademark extension registration has not been brought into the legal norms of our country.It is also due to the insufficient attention paid to this issue by the academic community.Trademark extension registration comes from the background offierce competition in the market economy Under the pressure of market expansion,the operator has to innovate and extend the product and its brand.Creating and innovating the brand need to invest a lot of resources and cost.At the same time,we have to bear the unknown market risk,therefore,more and more enterprises in the market began to implement their brand extension strategy in varying degrees.To put it simply,brand extension strategy is to inject the influence,popularity and other resources of existing brands into new brands on the premise of fully considering the reality of the existing market,that is,on the basis of registered or used trademarks,the ubsequent trademarks are granted extension rights.China’s current situation of "Trademark law" is that "prior application rule is the main principle and prior use rule is auxiliary",which led to the issue of trademark extension registration.With the development of the market economy,most enterprises begin to focus on the brand,trademark protection and extension strategy,such issues and the resulting related cases will be more and more.Therefore,there is an urgent need to research trademark extension registration,establishtrademark extension registration system.This article regards "Tongjitang" trademark administrative review case as the starting point,and analyzes the concept of trademark extension registration and the identification factors of trademark extension registration,summarize the problems of trademark extension registration in China and puts forward the suggestions to improve the legislation.This article is mainly divided into five parts.The first part introduces the details of Tongjitang case,summarizes the focus of the dispute,and lists the results of the trial,taking this case as the starting point to draw forththe problems studied in this paper.That is,trademark extension registration and related issues.The second part is about the concept of trademark extension registration and the explanation of the justification of trademark extension registration theory.Through the study of relevant literature,this paper summarizes the meaning of trademark extension registration,and explains the meaning of trademark extension registration around the basic registered trademark,citation trademark and extension trademark.On this basis,to explore the different types of trademark extension registration is to facilitate a better understanding.And further exploring the basis of trademark extension registration justification,which will be discussed mainly from the essence of trademark and goodwill extension,labor rights and spiritual rights theory,trademark extension registration under the conditions of market economy.The third part analyzes the problems of trademark extension registration in the current judicial system by discussing the judicial process of trademark extension registration in China and comparing the related trademark systems in foreign countries and other regions.The fourth part discusses the relevant factors to be considered in the determination of trademark extension registration.The United States is at the forefront of trademark legislation,so this part focuses on the inspiration of the American family trademark for trademark extension registration.On this basis,the author analyzes the other factors that need to be considered to determine the trademark extension relationship by combining with relevant domestic judicial cases.The fifth part mainly discusses the current legislation status of trademark extension registration in China,summarizes and improves relevant legislation and puts forward the proposal of establishing a trademark extension registration systemin view of the current situation.