Research On Registered Trademark Invalid System

The registered trademark invalid system is not established clearly in the current trademark law. But the essence of the provisions ,for example article 41 in trademark law,is the the registered trademark invalid system. Just use the word "revoke" alternative "invalid". So in the trademark law"revoke"in fact covers both the registered trademark revoked (administrative punishment) and also covers the trademark registration invalid system. This has caused the drawbacks that there are two completely different means of the word "revoke" in a law. This confused two completely different system, and also make it difficult to understand and applicate correctly.The author attempts to establish the registered trademark invalid system through learning and using other countries comprehensive legislation, in order to protact public interest and Prior holder's interests. This paper is divided into four sections:The first part, the author define definition and legal attribute of the registered trademark invalid system. Clear the significance of establishing registered trademark invalid system. And through the analysing foreign legislation example shows that the necessity of invalid system.The second part, the author distinguish between registered trademark of invalidation absolute reason and relative reason ,and compare registered trademark invalid reasons and the reasons for revoking registered trademark. The third part,the author analysed the procedures of registered trademark invalide system. To clear the setup procedure of registered trademark invalide system;legal effect of registered trademark invalide system;nature of the registered trademark invalide ruling;and judicial review mode.The forth part,based on the above analysis,the author put forward specific legislative proposals about establishing China's registered trademark invalid system.To put the registered trademark invalid system, registered trademark revoked system and Cancellation system into the chapter about trademark rights loss;To draw up the registered trademark invalid reasons and distinguish absolute reason and relative reasons;The judicial review of the registered trademark invalid system apply to civil procedure. When to recognize prior right excpt trademark right, judicial procedure shall prevail.