Discuss The Perfection Of China’s Trademark Rights Mechanism

Trademark rights mechanism is a system for our country,"exotic", in our shorthistory, our country is applicable to a "passive migration" to "as used to" process.In itsbeginning, it was not based on its own national conditions and choice of system in thisprocess, an era marked by a deep imprint in our practice, there have been many problems.Trademark rights, including trademark rights program administrative procedures andjudicial procedures trademark rights, trademark rights administrative problems within theprogram settings are: malicious objections phenomenon abound; indeed the right cycle istoo long, could easily lead to the right illusory phenomena; revocation procedures are notreasonable (registered trademark cancellation proceedings unreasonable;" rescission" and"invalid" concept not clearly defined). Trademark judicial procedures set problems are: theoriginal trademark rights lawsuit as a defendant is unreasonable; trademark rights divisionof judicial review is unreasonable, easy to cause circulation litigation; trademark rights ofappeal and tort conflicts.In view of the practice of trademark rights problems, analyze the UK, USA, Germany,Japan and their trademark registration system, system of trademark opposition, trademarktermination system and judicial procedures that the trademark rights of administrativeprocedures should draw British ban counterfeit trademark relief program, increase theunregistered trademark protection; can learn from the U.S. about the time limit, thetrademark owner to set aside a reasonable period, but also to resolve trademarkinfringement and trademark rights conflicts concerning time limits; from abroad rearobjection procedure, and to limit the main objection to cancel opposed trademark system;also follow Britain’s objection "cooling off period" system, to give the parties adequatesettlement period; to distinguish the concept between " revocation " and "invalid".Reforming the current system of trademark revoked. Trademark rights judicialproceedings can learn justice system in the United States, only the parties to the partieslisted, as the third person will be Trademark Review and Adjudication Committee, thesecond procedure only to the trial of legal issues; emulate Germany to set up special courtsto focus on intellectual property rights intellectual property cases; may introduce Japan’s"party litigation" system, parties may directly bring an administrative lawsuit to the court,to the court of justice in such cases the right to change.Our trademark rights mechanisms need improvement from the following aspects: to deepen understanding of the nature of trademark rights, trademark rights is a private rightcertainly; grasp the basic principles of trademark rights "autonomy principle, the principleof balance of interests, honest credit principles "; improve administrative procedures andtrademark rights convergence judicial proceedings, including trademark rightsmechanisms improve relevant laws and regulations, reform of trademark oppositionsystem to improve efficiency is indeed the right, set up a" trademark is invalid "declarationsystem and improve trademark rights of the judicial review process.