Research On Issues Of Registered Trademark Invalid System

Trademark Law comes into effect in May1,2014, its44thand the45thclearlyestablish the registered trademark invalid system. It includes the absolute items ofregistered trademark invalid system, relative items and items of using similar or thesame trademarks on identical or similar goods, services with others, meanwhile,process of declaring registered trademark invalid is also involved, therefore newtrademark Law establishes the complete registered trademark invalid system.Throughout the world, the system of trademark legislation and judicial practice of ourcountry, the registered trademark invalid system still has the connotation of theconcept not clear, standard clauses has the contradiction, the protection scope is notcomprehensive, problems of program design is not effective. This paper will attemptto clarify the problem and puts forward effective suggestions through thecomparison, the analysis of the four parts.The first chapter, the definition and content of the registered trademark invalidsystem is explained, while comparing the contents of the trademark law in2001, thetrademark law draft of2011and the2014promulgated the Trademark Law on theregistered trademark invalid system, in order to understand the different points, threeedition rules for improvement, and the legislator’s original intention, I modify thecause and predict the development trend on the corresponding legislation.The second chapter mainly discusses the registered trademark invalid absolute and relative content of reasons, which contains the tenth,the eleventh and so on. Its content involves doing harm to the socialist morality orother adverse effects, registered and used trademarks of geographical names areeffective, descriptive marks cannot get registered as trademarks, obtaining registrationby fraud or any other unfair means. The author starts from the question, theperspective of solving problems, studying the law countries and our country courtcase in order to make it clear. As to the registered trademark invalid relative content ofreasons, the author pays attention to the15th, the32article and divides the prior rightswith visibility, the prior rights without famous fame, the first use but unregisteredtrademark owning fame and the first use but unregistered trademark getting noawareness into four groups.The third chapter provides the registered trademark invalid procedure, its startup,aging, effectiveness, properties, determining the range of “prior holders or interestedparties” and building specialized intellectual property courts of appeals.The fourth chapter improves the legislative proposals to the registered trademarkinvalid system, which are also the innovation points. The changes recommended bythe form clearly mark and explain the reasons, to sum up: on the one hand, addingtransparency provisions; on the other hand, making the absolute, relative reasonsmore comprehensive, accurate. Otherwise, the establishment of the registeredtrademark invalid civil litigation and the intellectual property court of appeal willcreate profound meaning.