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Regulation Of Malicious Trademark Opposition

Posted on:2018-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:T HeFull Text:PDF
GTID:2346330515990483Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
Our trademark opposition proceedings play a important role in reducing conflict of rights,deferring unfair competition,preventing consumer confusion from a registration mark.However,some plaintiff abuse the proceeding to seek illegitimate interests,which breeds trademark malicious opposition behavior,it will not only harm applicant's interests but also disrupt the competition order.The trademark law curb the behaviors by the way which is ruling it invalid or limiting the opponents,but the low illegal cost results in the number of malicious trademark opposition stillrising.So,only improve the trademark law,we can effectively regulate the malicious behavior.The chapter one is to introduce the malicious trademark opposition by analyzing the cause,the harm,the meaning of regulations.Driving-interests and complicated proceedings cause the behaviors,it will harm the interests of opponents,competition order and judicial resources.regulating the malicious behavior can defend opponent's interest and make up for the deficiencies of the trademark law and fit for the value of trademark law.The chapter two is to analyze the component of malicious trademark opposition.The text uses the theory of four elements to analyze it,which concludes illegality,facts of damage,causation,subjective fault.The illegality is generalized illegality,that is “deliberately violating good customs cause damages”.To elaborate the facts of damages,the text thinks the application mark as the opponent's rights and interests by using legal interpretation;it adopts the “proper causation”to explain the causation;the malicious of malicious trademark opposition is that opponents improperly apply for trademark opposition,along with free ride intention,by knowing or ought to know there is no legal basis.The chapter three is to,through Comparative analysis methodology,analysis foreign regulation of malicious trademark opposition behavior by finding them opposition proceeding.The chapter four is to suggest perfecting regulations of malicious opposition,that is,the objection is changed to an objection,blacklist system is created to regulating malicious opponent,if the victim suffers losses by malicious opposition,the actor shall compensate for those losses,which is compensatory compensation rather than punitive,as well.The existing system is not conducive to a thorough reform of the trademark opposition system,otherwise,we should insist on comprehensive review system,a trademark has been registered first,then actors apply for opposition.Meanwhile,we should combine with other means to protect trademark owner' interests.
Keywords/Search Tags:malicious trademark opposition, damage compensation, constitutive requirements, blacklist system
PDF Full Text Request
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