The Improvement Of The Registration System Of Acquiring Trademark Rights In Our Country

The system of acquiring trademark rights is very important in the TrademarkLaw so that it is introduced and discussed in many books about trademark. And so doin national law, foreign trademark law and international treaty.There are threedivisions of systems of acquiring trademark rights, registered to acquire the trademarkrights system, used to acquire the trademark rights system and the " registered+used"to acquire the trademark rights system.Looking back to the history of the development of the world’s trademark laws,it is the registered to acquire the trademark rights system that fits with marketeconomy efficiency and meets operators’ expectation for the safety, which make mostcountries to replace the used to acquire the trademark rights system to the registeredto acquire the trademark rights system. The system of acquiring trademark rights wasset as early as1904when the Qing government promulgated "trademark registrationpilot constitution”. But after the completion of the socialist transformation, thetrademark exclusive right is abandoned, being deemed to be an asset class. Because ofthe planned economy, the system become manager’s tools, lack of the trademarkowner appeal. It also meant that the development of the system in our country was notall plain sailing after the reform and opening.In the first part, the writer analyzes the dilemma of the registration system in ourcountry, which almost every country will face. But the question is how to prove itslegitimacy. The practice reflects the dilemma well. On one hand. There is a lack oflegal regulation for people’s behaviors in no good faith. On the other hand, it isdifficult to protect the unregistered but prior to use trademark, which damages theprior user’s rights.In the second part, the writer brings in other counties’ regulations on restrainingthe defects of the trademark registration. The registration system is set in UK as thefake action reserved. A variety of ways of establishing trademark rights are set as thedevelopment of the trademark law in Germany, which is the most powerful countriesto protect unregistered trademarks. There are provisions about the obligations toprovide evidences on the use of trademarks in the sixth year of one year before theexpiration in USA."intention to use" can be filed for registration as referred to in the Lanham Act, with a strong “use” requirement in registration procedure.In the third part, the writer thinks that we should insist on registering to get thetrademark rights when amending the trademark law in our country. The principle ofgood faith must be set firstly, drawing the dishonest activities in. We shouldstrengthen the protection for unregistered but prior to use trademarks and restrict theprovisions of remedies to tort acts in order to perfecting the regulations on the systemof acquiring trademark rights.