Research On The Procedure Of Trademark Registration In China

The trademark registration procedure constitutes the main content of the trademark law.The principle of the trademark law must be implemented through the registration procedure.The legislative purpose of the trademark law is to be realized through the registration system.The registration procedure determines the basic features of the trademark law.The modification of the trademark law is mainly the registration Program changes.The establishment of China's trademark main city program is too focused on the accuracy of the results,leading directly to the rapid growth in recent years,the contradiction between the number of trademark applications and the lack of reviewing power increasingly sharp,the Trademark Office undertook a huge task of trademark examination and pressure.How to facilitate applicants to apply for registration of trademarks,simplify application procedures,shorten the examination cycle,and fully protect the interests of applicants is an important part of the revision of the Trademark Law.However,the pursuit of the efficiency of trademark registration can not be at the expense of the quality of trademark registration.Our trademark law still regards "strengthening trademark management" and "prompting production and business operators to guarantee the quality of goods and services" as the legislative purpose.We uphold the principle of comprehensive review,Although avoiding the occurrence of a large number of defects in the registered trademarks,it is conducive to ensuring the authority and stability of the registered trademark rights,but exposes the trademark registration procedure is too complicated to restrict the efficiency of the examination and other issues.At the same time,although the existing opposition procedure has been internalized as a part of the trademark registration examination,there are still some problems such as the flaw of the main body of the opposition procedure review,the vacancy of the legal liability of the malicious opposition and so on,and the better the effect of the opposition procedure.Obviously,how to improve our trademark registration procedure has become a key issue to restrict the development of the trademark market.This article first expounds the connotation and function of the trademark registration procedure and combs the historical evolution of the trademark registration procedure in our country,then digs the problems existing in the current trademark registration procedure in our country,finally summarizes the theoretical and practical experience of the trademark registration procedure both at home and abroad,Reasonable proposal of trademark registration procedure.