Issues Of Trademark Opposition In China And Recommended Improvement Thereof

The trademark opposition procedure is a procedure in which any natural person，legalentity or any other organization can present his or its views or opinions about a trademarkapplied for registration as published in the Trademark Gazette within the statutory timelimit， and file requests for adjudication of the mark under opposition according to law. Thetrademark opposition system is one of the important system of the Trademark Law which letthe public， the holder of the prior right and the interested party to provide their differentopinion and judged by the relative authority. The logical setting of it is very important forprotecting the proper mark right， maintaining the authority of trademark registration andstabilization of registering trademark，preventing unfair competition in trademark affirmationarea， protecting customer and the public’s interest， maintaining the fair competition intrademark affirmation area. The Chinese trademark opposition system has a series of problem.it’s now being amended for the third time. It will have far-reaching sense for us to research it.This article has roundly elucidated the connotation of the trademark opposition by analyzingthe meaning and function of trademark opposition and setting the concerning factor. Using thetypical sample of the U.S， the EU， England， Genany and Japan， this article hasanalyzed the setting of trademark opposition system and current operation status. This articlehas hackled the development and transition of the Chinese trademark opposition system whennow the Chinese Trademark Law is being amended for the third time. Starting from theadministration review system and the judicial review system and aiming at the main body ofopposition application， term and reason， the procedure of administration review andjudicial almsgiving， this article has analyzed the current status of the Chinese trademarkopposition system. It has concluded the problem of the Chinese trademark oppositionsystem， analyzed the reason for the problem and provided some suggestions. This articlehas restructure the Chinese trademark opposition system，defined pre-opposition and thelimitation of the main body and reason of opposition， optimized the link up between theadministration and judicial department， and built up the compensation and punishment forspiteful opposition. It provides learning experience and reference in consummating theChinese trademark opposition system.