The Improvement Of The Registration System Of Acquiring Trademark Right In China

The Trademark Law center on how to acquire,maintain,protect right design a serious of rules and regulations.How to confirm the ownership of trademark right is the primary task of Trademark Law.The system of trademark right acquisition plays an important role in Trademark Law system.Throughout the world's Trademark Law,the acquisition system of trademark right is mainly divided into two kinds: register to acquire the trademark right system and use to acquire the trademark right system.Whether from a review of the history of trademark or from the perspective of economics and property rights labor theory,the system that use to acquire the trademark right is the most legitimacy system.In today's world,trade develop highly.Use to acquire the trademark right system gradually show weakness.And the function advantage of trademark registration system attracting more and more countries from use to registration.China's Trademark Law always adopt trademark registration system.But from the actual state of system operation,the positive function of system presupposition has not been brought into full play.On the contrary,the negative function of the system is becoming more and more obvious.It causes the phenomenon of snatching registration trademark and hoarding registered trademark frequent occurrence.WeChat trademark case and Red River trademark case can prove that the system has weaknesses.Therefore,this paper bases on the survey of trademark registration system's function,make the functional effect as standard to inspect present situation of our country's system,then combines the typical problems appeared in practice to analyze reasons for the poor effectiveness of the system function.And suggest taking function realization as the target,adopting foreign experiences of legislation practice as the basis,setting out on a path of insisting on trademark registration,meanwhile increasing the use of trademark in the specific system design.The first part is to analyze the function of trademark registration system.Starting with functional investigation.Carding the history of trademark registration system,then pointing out that the use of trademark right is the source of value,and registration is essentially a recognition of right.Use to acquire the trademark right system is the most proper the formulation system of trademark right.Then analysis of the reasons why most countries in the world,including China,have been choose the registration to replace use.And discusses the positive function and negative function of the trademark registration system with the theory of function.The second part is to survey the legislation and judicial practice of our country's trademark registration system.Taking the function effect as the standard to examine the trademark registration in China.Basis on review the history of trademark legislation in China and discuss the principle of trademark registration,along problems like snatch registration trademark and hoard registered trademark to analysis the causes of the poor effectiveness of system of trademark registration system.Pave the way for the improvement of the system.The third part is the suggestions to improve the system of trademark registration.Targeting at achieving the system's function.Learn from foreign legislative experience,and emphasize that we should increase the use of trademark on the basis of insisting on the registration of trademark right.Specifically include,defining the concept of trademark use in Trademark Law,increasing regulation of intent to use in the trademark registration process,improving the use of registered trademark,strengthening the protection of unregistered trademark.