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Application Of The Wavelet Analysis In The Fault Diagnosis Of Rotating Machines

Posted on:2020-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:T Y XueFull Text:PDF
GTID:2416330590460779Subject:Intellectual Property Rights
Abstract/Summary:PDF Full Text Request
In recent years,the number of trademark registration applications in China has shown a rapid growth trend,and the number of trademark registration applications has ranked the first in the world for many consecutive years.A large number of trademark applications reflect the market's desire for trademark resources.With the rapid increase in the number of trademark applications and the increasingly fierce market competition,malicious registration has also produced a high incidence,which not only damages the legitimate rights and interests of the former oblige,but also disrupts the market order.Therefore,malicious trademark registration must be effectively regulated.In view of the current situation and problems of malicious registration,this paper will analyze and summarize the malicious registration of trademarks,put forward the theoretical basis of regulating malicious registration by using legal theories such as the acquisition of trademark rights,the obligation to use trademarks and the principle of good faith,sort out the provisions related to the identification of malicious in the existing laws and regulations,and put forward that malicious registration of trademarks is rampant in China.There are four reasons for the defect of the label system,the neglect of the use of trademarks,the ambiguity of the criteria for determining subjective malice,and the low cost of violating the law.In view of the judicial identification of subjective malice,this paper will make an empirical study based on 58 cases.Through the analysis of case samples,the paper extracts six commonly used identification factors when identifying subjective malice in the case,and explains how to identify the subjective malice of the actor in the malicious trademark registration act in our judicial practice.The above malicious identification factors are evaluated and analyzed.Some suggestions are put forward,such as giving priority to the "saliency" of quoted trademarks,focusing on the relationship between litigants and disputers,and strengthening the identification of "other factors".In view of the abuse of trademark rights caused by malicious registration,this paper will discuss the abuse of trademark rights caused by the proliferation of malicious trademark registration.The single registration system has led to the malicious registration of trademarks.Malicious registration of trademarks and abuse of trademark rights are mutually causal.This paper will analyze the elements of abuse of trademark rights,describe the common manifestations of abuse of trademark rights,and discuss malicious litigation.On the basis of comprehensive research results,aiming at the four reasons for the proliferation of malicious trademark registration in China,this paper puts forward that in the fourth revision of the Trademark Law,we should base on efficiency and fairness,adopt the absolute reason examination mode and the post-objection system in the trademark examination,shorten the period of objection,adopt a unified standard for the identification of malicious trademark,strengthen the intention of trademark use,and clarify malicious annotation.The legal liability of registered actors should really curb the malicious registration and hoarding of trademarks,punish the abuse of trademark rights,and realize the harmonious unity of efficiency and fairness of trademark law.
Keywords/Search Tags:Trademark registration, Malicious registration, Abuse of rights
PDF Full Text Request
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