Research On Trademark Extension Registration

With the increasingly popular brand strategy,enterprises in order to have a new brand,not only need a lot of cost investment,but also worry about the market unknown risk.As a result,many enterprises choose to make full use of the advantages and resources of existing brands to extend the visibility and influence of existing brands to new brands or new products,that is,on the basis of existing registered trademarks,advocating follow-up trademark extension rights,thus greatly reducing the new brand to enter the market barriers.However,according to China's current "trademark law"application first,the use of the principle of prior supplement and the provisions of section 30th,after the application for registration of trademarks and others in the same or similar goods have been permitted to register,or after the initial examination of the approved,as well as the previous application of the same or similar trademarks,will have a conflict of rights,It is highly probable that the application is rejected and the registration is not approved.Therefore,the extension of trademark registration problem arises.However,in order to prevent abuse of rights,the extension of the registration of trademarks should be considered from the angle of confusion,if the extension of the trademark will not be with others in the first application of the trademark confusion mistaken,then the extension of trademark registration can be established;Therefore,in order to avoid the possibility of confusion,it is necessary to limit the registration of trademark extension.However,at present,the issue of trademark extension registration in China is very small,and most of them only use the form of case analysis to expound the phenomenon and rules of trademark extension registration.The understanding of theory contributes to the treatment of judicial practice,because in recent years,China's judicial practice on the trademark extension of the registration of the right to correct disputes emerge,so,the issue of trademark extension is necessary to carry out a more in-depth study,to form a comprehensive understanding of the system,and then put forward a constructive approach to deal with specific disputes.The research content of this thesis is distributed to five parts:First part,this paper introduces the general analysis of trademark extension registration,clarifying the relevant basic theories such as connotation,outer edge,different types and essence of trademark extension registration,and analyzes the applicability of trademark extension registration rules from the realistic basis,legal basis and judicial basis,and provides the basis for perfecting the application of the trademark extension registration rules.In the second part,the paper studies the specific conditions for the application of Trademark extension registration rules.Firstly,the general conditions of trademark registration are summarized,and then the applicable conditions of trademark extension registration are summed up,including the substantive conditions and procedural conditions..In the third part,the author analyzes the regulations of trademark extension registration in some countries in the world,and draws lessons from them to provide reference for trademark extension registration in our country.The forth part,through the analysis of the above four parts,puts forward some suggestions on the legislative,judicial and practical aspects of perfecting the registration mechanism of trademark extension in China..