The Application Research Of Other Improper Means Article In Trademark Law

The prescribed in paragraph 1 of article 44 of the trademark law: "trademark has been registered,in violation of the provisions of article 10,article 11 and article12 provisions,or is based on deception or other improper means to obtain registration,by the trademark office shall revoke the registered trademark;Other units or individuals may request the trademark review and adjudication board to declare that the registered trademark is invalid.The provisions in the "trademark law" in article 27 was born in 1993 on the regulation of improperly registered,which is set up to solve in the practice of the trademark applicant to forge the material such as a dishonest trademark office and the trademark registration,or by unfair means to others to use longer and have a certain visibility of preemptive registration of trademarks seek illegal interests.1995 of the detailed rules for the implementation of the interpretation of the "other improper means",in 2001 the trademark law,respectively for the protection of well-known trademarks provisions of article 13,15 banned agent registered terms and article 31 prior right,and the original belonging to explain is out of the provisions of the "other improper means" is retained in the article 41,with 10,11,12 and deception.In practice,the terms now is mainly applicable to crack down on hoarding a large number of registered,trademark,but as a result of the trademark law,language and logic is not strict,about how to understand the terms and conditions as well as to the terms and conditions of thepositioning problem arising from the controversial.It is also the significance of this paper to provide legal basis and way for the accurate positioning of the article to better fight against malicious and preemptive trademark in practice.Article has three parts,the first chapter is the first paragraph of article 44 of the "other improper means" in terms of the status quo and problems,the first step to sort out the terms and conditions of the legislative background and the legislative status quo,analysis of the provisions in the legislation on the cognizance of "other improper means" and the application of dissent procedure;The second step in the form of combing typical cases and the trademark office,the judges in the court terms used in the process of disputes and the status quo,from the case study points out that because of the "other improper means" clause legislation problems caused by the application of the practical departments.The second chapter,on the basis of the problems in the legislative and judicial application of the first chapter,analyzes how to determine and apply the provisions of "other improper means".First of all,the article defines the substantive terms of this clause,and distinguishes the meaning of other improper means and deception means.Secondly,it analyzes the overall understanding of absolute and relative causes from the trademark law as well as the legal interpretation Angle.Again,this paper introduces the terms and conditions in the concrete used in the recognition,analyzes the judicial authority and trademark administrative institutions for the provision of typing,and introduced the main regulation clause regarding the trademark hoarding in Germany the applicable elements in trademark law;Finally,this paper analyzes the conditions apply to dissent and will not be registered the necessity of the review proceedings,analyzed the practice application of the terms and conditions of the program path selection,and introduced the other like we adopt registration system balance of trademark registration and the use of provisions of the state.The third chapter in the above analysis and reference to countries such as Germany,Japan,on the basis of relevant systems,the need of practice in our country and the legal system,the provision of legislative and judicial Suggestions: one is theclause should be scope to expand,not only limited to the absolute reason,also can be applied to the relative reason;2 it is suggested that with no real intention to use and will be a registered trademark of non-operating profit behavior of subjective and objective two aspects for the provision,and absorb the experiences of practice,from the source of the trademark registration number,trademarks,etc as a subjective factor;3 it is proposed to amend the clause to represent the legislative spirit into into the objection and shall not be registered in the reason,and starting from the existing programs,provided with the current will not be registered trademark review proceedings of corresponding reasonable Suggestions.