Research On The System Of Acquisition Of Trademark Right In China

Because of their different legal traditions and national conditions,different countries have formed their own legislative models on the construction of trademark right acquisition system: use acquisition system and registration acquisition system.The Trademark Law of our country draws lessons from the Trademark Law of civil law countries,and the system of obtaining trademark right with registration as the core focuses on efficiency,and has strong administrative management color.It also causes a lot of garbage trademarks and malicious rush in practice,causing waste of trademark resources,but also detrimental to social order.The problems existed in the field of the trademark right from the perspective of the attempt to adhere to the registered under the premise,to further optimize the use of the trademark requirements,simplify the procedures for trademark rights,and strengthen the protection of unregistered trademarks,in order to improve China's trademark rights obtained system.The first part of this paper clarifies the registered trademark in our country history of the formation and development of the system.First take the evolution of the system of our country has combed,and combining with the situation of our country has a clear choice principle of registration system requirement of the construction of the final analysis of the registration system of acquiring various advantages,again chose this system in China is consistent with the legal tradition and reality.The second part of this paper summarizes the China's trademark rights registration system deficiencies.The design of the system in the substantive law in the registration form,focus on the efficiency of administration,and then lead to trademark registration,hoarding and other dishonest registrations,waste of public resources also increased the burden of administrative review.The third part of this article probes into the system of trademark right acquisition in foreign countries,so as to inspire the perfection of the registration system of trademark right in china.This part takes the problems that need to be solved as soon as possible,and puts forward relevant enlightenment to our country after analyzing and combining the provisions of different countries.The fourth part of this paper is a perfect conception of the registration system of trademark right under the principle of "registration and acquisition".It is suggested that the requirements of trademark use should be strengthened,and the interests between the former and the former should be coordinated so as to alleviate the practical contradictions.This paper focuses on the specific and feasible suggestions,hoping to benefit our trademark registration system,while adhering to the efficiency,but also to reflect fairness.All in all,of our country's trademark registration system should remain in the "registration" framework,adhere to the practical problems arising from the registration system of our country,in order to study the foreign trademark acquisition system,can be targeted to our country's trademark right acquisition system perfect.