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The Improvement Of The System Of Trademark Opposition

Posted on:2014-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y RenFull Text:PDF
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During the initial progress of negotiation on the TRIPS, there is a tremendousdivergence among the member states. The point is whether the regime of trademarkopposition should be taken into. That is to say, if this guarantee should be set for register.One part, especially the USA, hold that it should be to keep interest for the right holders,while the other one led by the European community considered that it against theachievement of rights as it would turn into complicated and costly. After a drasticdiscussion, the regime was set in by the form of optional terms that every state couldapply appropriately. In China, we brought in trademark opposition in the first edition ofTrademark Law of the PRC in1982, and it had been proved by modificationscontinuously. However, with the development of market economy, some new issuesbecome revealed gradually. The timeliness of the regime impeded the regime itself, evenproduced some adverse impacts. All the problems coincided with the third amendment ofChinese Trademark Law. It is a need to do some research for continued perfection.This essay discusses about the reasons of the problems and tries to put forwardsolutions. It was consist of four parts. The introduction tells the background, while thesecond part recommends the legislative practice in China and abroad. As the result of thisessay, problems in Chinese Trademark Law and some advices will be given in the lastpart. What will be the focus here is the second part which states the issues, namely theoverflow of malicious objection and low efficiency result from unscientific procedures. As these two reasons are severely in China, systemic analysis will be given on.Furthermore, reasons will be presented including unlimited status of opponent’s right asprinciple and reason for objection, low-grade charges and interest issues, etc. Meanwhile,the other one contains vary reasons such as drawbacks of the two-level administration,the defendant itself and onerous suit caused by it. After the comparison and analysis fromdifferent aspects, the main reason for the regime issue is obviously that we need toincrease efficiency upon fair, not barely change the procedure it self.Consequently, it is a must to complete the regime of trademark opposition in Chinaafter the statements of reasons, particularly during the time of the third amendment onthis act. The conclusion of this essay will introduce the solutions for the previous issuesso that we can be inline with the international regime by changes and make this regimeserved the market preferably.From my perspective, since trademark is not only been used to distinguish the sourcesof commodities and services but also impacts goodwill which condensed in commodities,hence the significance of perfecting trademark regime become more and more greatly,...
Keywords/Search Tags:Trademark Rights, The System of Trademark Opposition, Malicious Objection, Regulation Solutions
PDF Full Text Request
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