The Comparative Study On The Formulation System Of Trademark Right In China And Japan

The formulation system of trademark right as one of the main focus in the thirdtime change of the trademark law, the importance and urgency is self-evidentnaturally. According to China’s current situation, along with the trademark economicvalue becoming obvious, the application for trademark registration and the case madeby the authorized trademark are increasing rapidly, the formulation system oftrademark right is faced with the more severe challenges. Until2009, the trademarkoffice in China accepted the application for trademark registration case reaching830500, year-on-year growth of18.96%, at the same time, according to the Beijing no1intermediate people’s court statistics, in2009the court had accepted798pieces ofthe case made by the authorized trademark, grow12times than2005, and last yearalone the case made by the authorized trademark accounted for40%. These datareflects our formulation system of trademark right is facing severe test and there areserious problems, it has become the major bottleneck for the development of thetrademark and market economy. Around the problems in our formulation system oftrademark right, referring to the formulation system of trademark right in Japan, thispaper will be divided into three chapters to concrete the study.The first chapter is to reflect the status quo and existing problems in theformulation system of trademark right. The paper gathered20related cases to analyze the current situation of judicature from five aspects, such as trademark refusal,trademark dispute etc., and revealed the problems existing in the formulation systemof trademark right. The second quarter, through discussing the legislative situationand theory research, summarized the lag of legislation and the lack of the theory inchina.The second chapter is to compare the different parts in the formulation system oftrademark right between China and Japan. After introducing the formulation systemof trademark right in Japan briefly, this chapter discussed the differences and theadvantages in the formulation system of trademark right between China and Japan,such as the principle of registration, trademark dispute, and the trademark agencyfunction division.The third chapter is about the legislative suggestions of building and improvingthe formulation system of trademark right. From the principle of registration tojudicial process, this chapter will be divided into three parts to integrate manyproblems. According to the three parts, this paper will try to give the opinion as far aspossible, hoping it will be useful to the third time change of the trademark law.