Research On The Invalidation System Of The Registered Trademark

This paper carefully studied and analyzed the revised provisions of the new trademark law after the official implementation of the Trademark Law 2019.Based on the the author's practical work,the author thinks that there are still some problems in the invalidation system in the new Trademark Law,which are worth discussing whether it needs to be modified or not.Based on the research,this paper will analyze the causes and procedures of invalidation of registered trademarks,and then will give some suggestions.In terms of the framework,this paper starts with the analysis of the causes of invalidation of registered trademarks,and holds that the current provisions of the Trademark Law on the relative causes of invalidation of registered trademarks are not clear,not specific and not completely.Then based on the analysis of a registered trademark for invalidation procedure problem,to the registered trademark of invalidation procedures simple,find the four problems,respectively is the scope of the applicant,administrative and judical procedures overlap,the small scope of legal liability and the nature of the invalidation litigation system,then will give the corresponding legal advice.The first chapter is the introduction.The introduction,as the beginning of this paper,including the background and content of the research on the invalidation system of registered trademarks.Background is that the New Trademark Law makes it clear that malicious squatting is the legal cause of trademark registration,objection and invalidation.However,as far as the current trademark law is concerned,the absolute reasons,relative reasons,the scope of applicants and even the nature are still not specific and comprehensive.Chapter two inclued the invalidation system of registered trademark and introduces the historical evolution of the invalidation system.The third chapter,combined with the actual cases,discussed the various viewpoints of the absolute invalidation of trademarks and the infringement of the prior civil rights and the infringement of the unregistered well-known trademark.The author believes that the specific prior right should be indicated in the Trademark law instead of merely referring to "prior right",which adds difficulties to practical work and controversial topics to academic work.The forth chapter analyzed the system of the registered trademark for invalidation procedure.First of all,for the introduction on the procedures of the registered trademark for invalidation,the subsequent analysis of the current on the invalid procedure of registered trademark for invalidation of the scope of the applicant,the registered trademark is putting forward after invalidation bear legal responsibility of the subject and the current to defy the nature of the registered trademark lawsuit for invalidation which are still some controversial problems.Chapter five gave some concrete suggestions for the contents of the second and third chapters,including four aspects: the systematization of the subject matter,the scope of the applicant,the expansion of the subject of legal liability and the change of the nature of the lawsuit.Chapter six summarized and looking forward to the full system.At present,registered trademark invalid system framework has been formed in our country although the procedure and system still has some shortcomings,in starting from the overall,China's intellectual property rights,the judge's quality and trademark invalid case review are very professional,although in the judicial practice,there will be a certain flaws,but the problem is only on the efficiency,not unable to administer justice.Therefore,the author have faith in the future of the invalid trademark system.