| The system of invalidation of registered trademarks is one of the basic theoretical systems of trademark law.It is a way of eliminating trademark rights set by trademark law.It refers to the application of trademark review or appraisal department according to the unit or individual,or in accordance with its authority,the violation of absolute or relative A system in which a registered trademark is subject to invalidation.The system was established to encourage operators to obtain and effectively use trademark rights in a legitimate and lawful manner,otherwise their rights will be lost.The acquisition and elimination of trademark rights are two sides of a problem.With the rapid increase in the number of trademark applications registered in China,the phenomenon of malicious hoarding of trademarks has become increasingly serious.Therefore,how to clean up malicious trademarks has become an urgent problem to be solved.From the perspective of systematization,the issue of the elimination of trademark rights is as important as the acquisition and use of trademark rights.While studying the issue of the acquisition and use of trademark rights,we should also pay attention to the study of the elimination of trademark rights.This paper will summarize the problems existing in the invalidation declaration system of China's registered trademarks through theoretical analysis,empirical research and comparative analysis of national legislation,analyze the causes of the problems,andpropose legislative proposals to make the system in China's Trademark Law.The fourth revision was improved.The first chapter mainly discusses the status quo and existing problems of the invalidation declaration system of registered trademarks in China.In the first section,the current legislative status of the invalidation declaration system for registered trademarks is analyzed from the perspective of analytical structure design.From the "Provisions on the Registration of Trademarks" promulgated in 1904 to the "Trademark Law" amended in 2013,the system for invalidation of registered trademarks was gradually established with the development of the market economy.The reasons for the invalidation of registered trademarks,procedures,legal effects and institutional values The content has clear legal provisions.The system for the invalidation of registered trademarks is a procedure for the supervision and correction of the acquisition of trademark rights.The registered trademarks that are legal and not legal are cleared out of the scope of legal protection,so as to give full play to the functions of the registered trademarks to identify the source of goods or services,and to ensure the registration of trademarks.Legitimacy,maintaining the value of justice and order.The second and third sections combine the judicial practice to discuss the problems existing in the invalidation declaration system of registered trademarks from the aspects of entity and procedure.There are five main points: 1.How to deal with the registered trademarks in the case of the disappearance of registered trademark entities;Failure to comply with the requirements of the system,the implementation of the "trademark use" elements in the trademark invalidation system,and the three-year non-use cancellation system is not coordinated,and the person who does not request the invalidation application provides the use of the prior registered trademark on which the invalid application is filed.Evidence;3.What should be done after the declaration of the generic name of the commodity has been invalidated by the application,and there is a contradiction between Article 2,paragraph 2,and Article 44 of the current Trademark Law;4.Current Trademark Law Article 45 requires that the time limit for the invalidation of trademarks be unreasonable.The scope of exceptions for the five-year limitation period should not be limited to well-known trademarks.The starting point for the time is also to be discussed.5.There are procedural problems in the system of invalidation of registered trademarks,which will lead to There are problems such as low administrative efficiency and circular litigation.The second chapter analyzes the reasons for the above problems in the system of invalidation of registered trademarks from the perspective of institutional theory.First of all,the current "Trademark Law" emphasizes the management of light protection,re-registration and light use.The legislative purpose of the trademark invalidation declaration system is strong,and the status of trademark use is neglected.Second,the value and concept of trademark use are not fully reflected in the invalidation of registered trademarks.The use of trademarks is the basis for the value of the trademark function,and the current "Trademark Law" emphasizes the use of trademarks only in the three-year non-revocation system of registered trademarks,and does not implement the requirements in the invalidation declaration system of registered trademarks.Third,the private property of the trademark has not been fully implemented.In the procedure for invalidating the registered trademark,the applicant has not been given the right to choose the procedural model.In the five-year exclusion period,only the exception to the well-known trademark is made.Finally,the efficiency value of the registered trademark invalidation system has not been fully utilized,and the procedures are complicated and inefficient.The third chapter puts forward the legislative proposal to improve the invalidation declaration system of registered trademarks based on the comparative study of extraterritorial legislation.This is the main innovation of this paper.After conducting comparative research,the author puts forward reasonable suggestions on how to improve the invalidity system of registered trademarks in the fourth revision of China's Trademark Law from the two aspects of entity and procedure in light of the actual situation in China.First,it should be clarified that when a trademark is declared invalid,it has been made useless by its use.Even if it is not significant at the time of registration,it should not be invalidated.Except for the common name,the generic name cannot be used distinctively.The defense of the invalidation of the trademark.Second,the demise of the trademark registration subject is included in the invalidationannouncement.Third,improve the time limit for the application of Article 45 to declare the invalidity of the trademark.Finally,the “trademark use” is implemented in the trademark law system,and the applicants who file invalidation notices in accordance with Article 32 are required to prove the actual use of the registered trademarks,and coordinate with the trademark opposition and cancellation system.In terms of procedural improvement,there are two main points: First,shortening the administrative review procedure,and dissatisfying the results of the trademark registration opposition procedure in accordance with the principle of no matter what the matter is,without having to go through the invalidation of the administrative procedure,you can directly file a declaration of invalidity of the registered trademark with the court.Litigation.Second,under the circumstance of maintaining the administrative judicial review method based on absolute reasons,the court is empowered to exercise judicial power to change the time limit for disputes and improve judicial efficiency when trying to invalidate cases based on relative reasons.The conclusion summarizes the thesis. |
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