On The Application Of The “Non Bis In Idem” Principle In The Cases Of Invalidation Of Trademark Right

With the development of market economy,the knowledge economy era has arrived.The trademark is not only a sign of difference sources of goods and services,but also can be directly transformed into economic wealth of valuable intangible assets nowadays.If a corporation wants to develop its own enterprise and take advantage in the market competition,the manager needs to not only operate his tangible assets perfectly,but also must should focus on protecting the corporate logo and other kinds of intangible assets,or this enterprise must be lose in competition.In recent years,our brand construction activity has achieved great-leap-forward development.There are 3.691 million trademark registration applications in 2016,which has increased 28.35 percent to 2015,and this data is also become the first row all over the world for 15 years.With a surge of trademark registration application,the number of cases which are declaring registered trademark approval for invalidation is also growing.Trademark legal basis for invalidation in the current trademark law article 44 to article 47,is refers to the registered trademark for violating the relevant provisions of the trademark law and the trademark office or the trademark review and adjudication board,the trademark shall be declared voidue to the trademark was declared null and void,starting from the date of application is not protected by law,so the trademark right holder or interested party attaches great importance to the use of the relevant provisions of the trademark system for invalidation more to maintain their own rights and interests.The current Regulation on the Implementation of the Trademark Law of the People's Republic of China stipulated in article sixty-two: "Where an applicant withdraws his application for review and adjudication,he shall not file another application for the review and adjudication on the basis of the same facts and grounds.Where the Trademark Review and Adjudication Board has made the adjudication or decision as regards an application for trademark review and adjudication,any person shall not file another app1 ication for the review and adjudication on the basis of the same facts and grounds." The regulations above actually established the “non bis in idem” principle in trademark review cases.When we apply this principle to cases,we should focus on the standard of judging “the same facts and grounds”.However,in current judicial practice of this kind of cases,the standard mentioned above is not clear and accurate enough,which makes sentence become controversial.This paper try to study the fitness of “non bis in idem” principle in cases by citing the case “Huang dispute of trademark disputation”,which has high practical value.Based on the present situation of the adoption and issues in legal practices of the “non bis in idem” principle theory,this paper try to find out the reason and solutions of the issues.There are four pats of this paper.The first part introduces the theme of is paper by showing the wholeprocess of the case "Huang dispute trademark disputation " and sum up the issues of this case.In the second part,this paper try to introduce some connected basic theory of the " non bis in idem" principle,and by using the theory to analyze the judicial logics of the case mentioned above.In the third part,this text will analyze the specific article about the principle in the trademark law implementing regulation,and find out the path to use this principle in cases of invalidation of trademarks,then,this paper will focus on analyzing the core issue of the principle,which is the standard of recognizing the standard of “the same facts and grounds”.In the fourth and also the last part of this text,the text will raise some suggestions according to the disadvantages of the theory in cases mentioned above.