Research On Trademark Extension Registration

With the continuous development of economy,trademark extension registration has become a phenomenon that cannot be ignored.While in legal practice,the cited trademark often appears to "blocks the road".That is to say,after the basic trademark and before the extended trademark,another person has applied for the registration of the same or similar trademark on the same or similar commodity.Whether the cited trademark can block the continuation relationship between the basic trademark and the extended trademark is the problem that the trademark extension registration needs to solve.The essence of trademark extension registration is the continuation of goodwill of basic trademarks.The criterion of trademark extension registration is essentially a comprehensive judgment from the physical trademark approximation to the confusion approximation.The continuation of goodwill is a reference factor for judging confusing approximation and has an important influence on the registrability of extended trademarks.This paper consists of four main parts.The first part introduces the research background and significance of trademark extension registration,the research status at home and abroad,the research methods and innovation points of this paper.The second part describes the concept and applicable conditions of extension registration,and indicates that the trademark extension registration system is a system for protecting the continuation of goodwill and trademark extension registration is based on avoiding trademark confusion.The third part introduces different opinions on trademark extension registration in legal practice and elaborates the ultimate goal of the trademark extension registration is to test and judge whether there is a greater possibility of market confusion through the analysis of specific cases.In addition,this paper elaborates the problems in practice of trademark extension registration,such as indistinct applicable conditions,ambiguous judgment criteria and narrow market scope of application.The forth part puts forward some suggestions to resolve the problems in practice on the basis of the previous content,including improving the applicable conditions of trademark extension registration,making clear the application standard of likelihood of confusion,and taking goodwill continuation as one of the factors to judgetrademark confusion,and putting forward conditions or restrictions on extended trademark when necessary.