Research Of Business Enterprise Provide Service To Trademark Registration System

Since the promulgation of “Several Opinions of the State Council on thePromotion of the Development of the Service Sector” in2007,three categories ofservice business such as wholesale and retail trade, accommodation and cateringindustry, transportation warehousing and postal service have maintained rapid growth.Under this background, Dangdang, Jumei, Jingdong Mall have listed in the UnitedStates and the E-commerce magnate Alibaba has listed on the New York StockExchange of the United States which has became the biggest IPO of U.S.A stockmarket. This has made the service brand of domestic Internet companies, especiallythe new types of sales namely the E-commerce Enterprise, have more commercialvalue. However, the commercial enterprise trademark registration on sales services isnot fully supported by current Chinese trademark registration system. It is difficult tofind foundations from the newly amended “Trademark Law of the People’s Republicof China”,“Implementing Regulations of the Trademark Law of the People’sRepublic of China”(hereinafter refers to as trademark law and implementingregulations)and “Trademark Review and Adjudication Standards”,“Classification ofGoods and Services for the Purposes of the Registration of Marks” and “Similargoods and service classification table”.Therefore, it is necessary to do a furtherin-depth study on the trademark registration of commercial enterprise, in order to provide more sound theoretical foundations for trademark registration rules maker andto enrich the commercial enterprise trademark management theoretical system.In this paper, the main structure is as follows:First Chapter: The author reviews the legal foundations for the commercialenterprise service trademark registration. The difference between commercialenterprise and other service enterprise is the irreplaceable value-added services ofphysical commodity, specifically, they are independence in form, high value by therecognition of economy field, possibility of trademark registration. Therefore, theregistration of commercial enterprise service trademark has legal foundations.Second Chapter: Introduces foreign commercial enterprise service trademarkregistration system. The author gives comprehensive analysis from civil law,common law, and international convention aspect and puts forwards the problems ofcurrent registration rules in accordance with different registration protectionsituations.Third Chapter: The author points out several characteristics and defects of thesystem of commercial enterprise trademark registration in China. They are lowerlegislative level, difficulty of categorizing, defects and non-timely managementetc...Combining with our national circumstance and referring advanced experience ofsome countries and districts, the author puts forwards three advices for the perfectionof commercial enterprise registration system: perfecting classification of commercialenterprise registration and regulating classification in accordance with the categoriesof service business scope of commercial enterprise retail, wholesale, import andexport, commission agents, franchise; developing the scope of review and reviewstandard of commercial enterprise service trademark and buildinglegislation,administration and justice co-regulation model; refining the possibility ofregistration of franchise commercial management service in order to adapt to thedevelopment of the market.There are two innovate points in this paper: the first point is that the authordiscusses the current situation further outlook of commercial enterprise servicetrademark registration basis on legal theory and practices (case study). The second point is that the study methods adopted by this paper mainly are: domestic andoverseas legal theory and relevant case study, qualitative analysis and quantitativeanalysis, and comparison study.