The Research Of Legal Remedies In Trademark Preemptive Registration

With the arrival of knowledge-based economy era, the trademark has developed from its original function of distinguishing the sources of goods or services to its own with a huge commercial value. Therefore it is not surprising that the trademark with certain effect and the well-known trademark have been repeatedly preemptively registered. Trademark preemptive registration is not a strictly legal concept, which is only scholars overview of the characteristics of the trademark registration phenomenon. The overflow of trademark preemptive registration phenomenon not only affects the interests of trademark holders, but also disrupts the normal order of market economy and infringes legitimate rights and interests of consumers.Some scholars believe that the current Trademark Law has provided legal remedies in preemptive registration. However we can’t deny that the phenomenon of trademark registration has become worse and developed new forms and new features in recent years. Many scholars pay their attentions on this phenomenon, study on the causes, put forward insufficiency legislation of Trademark Law and call for a new amendment Trademark Law to solve these problems. It is a big improvement for trademark protection in China. The debates on the connotation and denotation of the concept of the trademark preemptive registration, the legal nature of the registration and theoretical basic of legal relieves are still exist. Therefore, the author expects to effectively combine the results of previous studies, reveal the legal issues behind the spread trademark preemptive registrations and introduces other countries’ legislative provisions and judicial practices on preventing trademark registrations. The purpose is to grasp the modification time of current Trademark Law to complement related provisions of the judicial and practice problems for trademark preemptive registrations. The paper will be divided into four parts:the first one mainly talks about the legal connotation of the trademark preemptive registration, introduces the current status of the trademark registrations in our country and discusses the characteristics of preemptive registrations. Then on the above analyses, we can get clear ideas about the nature of trademark registrations and certain range of registration in the paper. The second part will discusses cases of well-known trademark "Lenovo" of Lenovo Co.,Ltd in Beijing repeatedly experienced preemptive registered and the relevant similar registered cases, then analysis of the current judicial practices in our country and the sufficient legal relieves of Trademark Law. The third part mainly talks about Japan and United States’special protection system of well-known trademarks and the general legal system of preventing trademark preemptive registrations in a comparative law perspective. We can learn from the provisions of the legislation of the two countries on the prevention of spread registrations of trademarks and judicial practices, then to perfect the relevant provisions of the Trademark Law of China. The fourth part combines with China’s trademark protection present situations and the judicial practice and appeals to reform relevant provisions to effectively restrain general trademark registered behaviors and strengthen the special protection of well-known trademark system in the new Trademark Law through experience of Japan and the United States effective preventive measures for trademark registered behaviors.