Research On Rules Against Trademark Preemptive Registration

Trademark registration system is a product of the height of modem development of commodity economy,and was marked by the“Registered Trademark Law",promulgated by France one century before.While during the thousands of years prior to this,all trademarks were unregistered and existed in the form of using.With the development of trademark registration system,many countries have established the same In China,thanks to the one-sided emphasis on registered trademark rights,trademark preemptive registration has intensifiedThe paper analyzes the characteristics of trademark squatting,its causes and the hazards it brings,with the inadequacy for protection of unregistered trademark under current Trademark Law.The Confusion theory and Dilution theory is a good reference to solve the problems of trademark squatting in ChinaThe reposition of the basic functions of the Trademark Law provides thoughts to the improvement of the anti-trademark squatting regulation to a certain degree.Under the knowledge of "Trademark Law"acting as a tool to allocate the market benefits based on symbolic expression,trademark squatting is meant to seize the market interests,which should be entitled to the earliest user who has independently explored the market value.Under this frame of seizing interests,trademark squatting could be accurately determined and regulated.