The Judgement Of Chinese Brand On Similar In The Procedure Of Examination Of Trademark Registration

The Chinese brand is the most common manifestation in the market economy in our country. To many applicants, whether the Chinese brand they designed or used could get the approval of the registration is vital for the development of their enterprises. The judgement on similar of Chinese brand in the procedure of examination of trademark registration is the important factor which decides whether the trademark could be registered. The research on the judgement on similar of Chinese brand in the procedure of examination of trademark registration do have significance under the condition of the examination in our country.This paper start with the research on the ambiguity of relevant public. To analyze the resource of the ambiguity of the judgement on similar of Chinese brand in the procedure of examination, it then search for the ultimate rule of the judgement on similar of Chinese brand in the procedure of examination in allusion to the characteristic of the Chinese brand,and build the system of the procedure of examination at last. This paper can be divided into six parts:PartI:To discuss the ambiguity of the examination through the subject of the judgement on similar—"relevant public",although "relevant public" has been defined as "the people who grasp reasonable information relevant ,be able to think reasonably,have common experience,eligible to understand and act with caution" by some scholars, but this doubt also may prevail:everyone has its own experience,and it would influence the judgement when they are facing the trademark ,then they could draw different conclusion about the judgment on similar of the same trademark. In this sense, the resource of the ambiguity of the judgment on similar of the trademark originates the definition of relevant public. Everyone cognise the trademark using their physiological systems,including vision system,auditory system,logical system and so on usually. To solve this question, we should get better understanding on "grasping reasonable information,having common experience". It guides the right way to fuse empiricism to some degree. Social experience is the abstraction of individual experience in the theory of empiricism. As everyone thought itself a singularity living outside others which cannot be divided anymore,so he only understand himself, but content of common sense would break down the boundary of individual,belong to everyone naturally,and keep a life common,not private and beyond private without the person who bring that content. This content of common sense unite the relevant public as fiction of law,and it's the base to reduce the ambiguity of judgement on similar of trademark.PartII : This part emphasize that the theory of cognitive linguistics have great importance to the cognition of Chinese brand. First of all, it summarizes the concrete rules about judgement on similar of the Chinese brand in the《Standard of examination for approval of Trademark Registration》,then it draws a conclusion that cognitive linguistics is on basis of and closely related to the cognition of Chinese brand. So in order to evaluate current rules of judgement on similar of Chinese brand objectively, it is needed to search for the concrete rules through cognitive linguistics.PartIII:Cognitive linguistics is introduced in details, and the social nature,diachronic nature,experience philosophy of the theory of cognitive linguistics is on the importance. The social nature emphasize that language is the product of society as denotation on semiotics. Individual can neither create language nor change language. So relevant public could get a unified cognitive avenue and elude the ambiguity in the procedure of recognition with individual experience. It makes getting a certain result in the procedure of cognition of Chinese brand possible. The diachronic nature emphasize that the language is always in sequential developing. We could grasp the essence and see the true picture of language only in the continuous new activities. It decides that it is needed to recognize the Chinese brand with the materials including the background it used,the way it used and so on ,but not only the isolated word and laws of grammar. The experience philosophy emphasize that there is a close relationship between language and recognition, and it figure out that the language comprise hylic matter,physical matter,psychologic matter,social matter,cultural matter,sociable matter and so on. The cognitive object is outer,objective,experienced and Chinese brand is also social,cultural,and sociable. It decides that the meaning as a commodity is important to recognize the Chinese brand.PartIV:This part examine the current rules about judgement on similar of Chinese brand objectively under guidance of cognitive linguistics. On the one hand, we could find out that current rules considering the dimension of cognition of language and the character of trademark imitaion; on the other hand, current rules are lack of definition of relevant public, and it would cause that censor may neglect the way relevant public recognize trademark,and make some false decision which obey the rules of judgement on similar of trademark. Some trademarks which are similar on the composition of words cannot be registered although relevant public could distinguish them.PartV:This part institute a complete framework about the rules of judgement on similar of Chinese brand in the procedure of examination of trademark registration. On the one hand, the Chinese brand has specific meaning in the sight of recognition of the compositional words, on the other hand , it has the meaning as a commodity because of its indicative function. The cognition of the specific meaning in the sight of compositional words depends on "static examination" as the cognition of the meaning as a commodity depends on "dynamic examination". The core of "static examination"and "dynamic examination" is setting a rule about the situations that would lead the relevant public confuse. The trademark which is similar in the way of "static examnition" is no longer similar if it wouldn't lead relevant public confuse in the way of "dynamic examination". In this way, with the cooperation between "dynamic examination" and "dynamic examination", we could get a certain result in the procedure of judgement on similar of Chinese brand registration.PartVI:This part is the summary of the whole paper. I wish it could arouse other scholar's fervour to take a deeper research on the judgement on similar of Chinese brand.