Research On Continuing Registration Of Registered Trademark

In the long-term production and operation activities of enterprises,trademarks are the external manifestations of their goodwill,image and brand value.In order to maintain the long-term consistency between the company's trademark and its image,and at the same time meet the purpose of expanding new markets and cater to the diverse needs of consumers,companies will choose to extend the registration of other similar trademarks based on the registered core trademarks to expand new trademarks.In this way,even if a new trademark is used,the new trademark and its core trademark have a very high degree of correlation so that consumers can inherit the recognition and awareness of the core trademark to reduce the risk of using the new trademark and the marketing cost,which is called the trademark extension strategy of enterprises.However,in practice,it is not always easy for enterprises to implement the trademark extension strategy.In this regard,the parties will propose that the trademark is an extension registration on the basis of its existing registered trademark,which is a reflection of the legitimate development needs of the enterprise and can be distinguished from the cited trademark.However,the legitimacy of the purpose is not equal to the legitimacy of the result.In order to find out what the extended registration of registered trademarks is,the principles and logic behind it,and whether it conforms to the provisions of China's trademark law,this paper is divided into five chapters for research:The cases caused by the extended registration of registered trademarks have been widely used in China's judicial practice.The guidelines of Beijing higher people's court for the trial of relevant cases have been made in writing and the supreme people's court has responded by issuing gazette cases.However,the discussion on this issue has not attracted enough attention from scholars in the theoretical circle,and there is still a lot of confusion about what the extended registration of registered trademarks is.As the name suggests,the extension in the registered trademark registered our trademark in mainly have three: the applicant has the basis of the prior registered trademark,after because business grows need,can choose on the basis of trademark identical or similar goods registered another logo identical or similar trademark litigation,but in the process of application for registration is others cited trademark of setback,whether,and thus constitute a approximate trademark disputes.The reason for the dispute is that under the corporate trademark extension strategy,companies often choose trademark registrations that are similar to their basic trademarks.However,due to the relative limitation of trade mark logo resources,it is possible to enter the scope of others' quoted trademark prohibition right.Although the trademark administrative examiners have many rules of comparison in judging the similarity of trademarks,they cannot avoid the existence of individual subjectivity.In addition,in practice,the registration time of the applicant's basic trademark is usually before the cited trademark registration.The cited trademark approval registration indicates that it does not constitute a similar trademark with the applicant's basic trademark,or that the two trademark marks are similar but coexist in the market without causing confusion and misrecognition by the relevant public.Based on this,since the applicant's basic trademark and the trademark of the complaint are highly similar,the cited trademark and the trademark of the complaint do not constitute an approximate trademark,otherwise the cited trademark will not be approved for registration.However,this point alone cannot make the registration of trademark extensions a system.The generation of a system must reflect the needs of practice and has certain theoretical basis and applicable basis for support.The system is always produced to meet the needs of practice.The registration of trademark extension is also generated according to the actual needs of the company's trademark extension strategy,and it has the realistic basis of existence.In the field of management,the key to the success of brand extension lies in the fit between the parent brand and the new product.That is,whether consumers can connect the parent brand with new products,and the parent brand bearing the visibility and reputation plays a key role.The current mainstream academic theory holds that trademarks are the carrier of goodwill,and the Trademark Law protects goodwill rather than the logo itself.Different from the exclusive right of trademarks,goodwill can be continued on different carriers.Therefore,the key to whether the trademark can be registered by virtue of the basic trademark is whether the basic trademark carries a certain goodwill,and then the function of identifying the source of goodwill enables the relevant public to link the two trademarks to the common body of the two trademarks.In the relevant judicial interpretation and opinions of the supreme people's court,it is determined that the judgment of similar trademarks should take into account the popularity of relevant trademarks and respect the fact that trademarks can be objectively distinguished in the market,which provides an applicable basis for the extended registration of registered trademarks.Although the extension of registered trademark registration is reasonable,it does not mean that there is no restriction.After the empirical analysis of relevant cases,it is found that the base of relevant cases in practice is large,but the proportion of the judgment result is not high.Some judgments will not comment on the lawsuit request put forward by the party concerned,while some will not support on the ground that the law does not stipulate.More judgments have different requirements in the specific application of the rule,and most of them will not support on the ground that they cannot prove that the underlying trademark has reached a certain popularity.It is because of many problems in practice,so it is necessary to further improve the extended registration of registered trademarks,and the combination of the two systems of "trademark family" and "trademark coexistence" outside the region can provide some inspiration for specific improvement Suggestions.Similar to the extended registration of registered trademarks,the "trademark family" system emphasizes the influence of the common characteristics of serial trademarks on the later registration of trademarks,and the principles behind it and the requirements on the common characteristics have certain enlightenment on the extended registration of registered trademarks.With the increasing number of trademark coexistence cases in practice,the fact that trademarks coexist in the market has become a problem that cannot be avoided by legislation.The registration of trademark extensions also needs the support of trademark coexistence theory.Therefore,the theory and institutionalrules for the coexistence of trademarks outside the territory are used.Help to improve the registration of registered trademark extensions.Although the extension of registered trademark registration is reasonable,it does not mean that there is no restriction.After the empirical analysis of relevant cases,it is found that the base of relevant cases in practice is large,but the proportion of the judgment result is not high.Some judgments will not comment on the lawsuit request that put forward by the party concerned,while some will not support on the ground that the law does not stipulate.More judgments have different requirements in the specific application of the rule,and most of them will not support on the ground that they cannot prove that the underlying trademark has reached a certain popularity.It is because of many problems in practice,so it is necessary to further improve the extended registration of registered trademarks,and the combination of the two systems of "trademark family" and "trademark coexistence" outside the region can provide some inspiration for specific improvement suggestions.Similar to the extended registration of registered trademarks,the "trademark family" system emphasizes the influence of the common characteristics of serial trademarks on the later registration of trademarks,and the principles behind it and the requirements on the common characteristics have certain enlightenment on the extended registration of registered trademarks.With the increasing number of trademark coexistence cases in practice,the fact that trademarks coexist in the market has become a problem that cannot be avoided by legislation.The registration of trademark extensions also needs the support of trademark coexistence theory.Therefore,the theory and institutional rules for the coexistence of trademarks outside the territory are used.Finally,combined with the problems of extended registration of registered trademarks in China's judicial practice and the enlightenment of relevant systems overseas,the last chapter of this paper puts forward specific suggestions for improvement.Compared with the way of increasing goodwill in the prior right,the way of making general clauses in the current legal provisions can clarify the legal status of extending the registration of registered trademarks.By detailing specific applicable rules in the legal interpretation,the positive conditions,hindering conditions and procedural conditions for the extended registration of registered trademarks can be specified,so as to deal with the problems in practice more pertinently.Finally,by issuing guidance cases,the judicial application standards can be unified to prevent "different judgments for the same case".