Research On Legal Issues In My Country’s Trademark Registration Examination Procedure

The improvement of trademark registration procedure is conducive to the optimization of trademark entity.Therefore,it is necessary to grasp the law of trademark registration procedure reform from the previous amendments of trademark law in China,so as to provide direction for the further amendment of trademark law.At present,there are still prominent problems in trademark registration in China.First,the "death trademark" caused by multiple reasons hinders the exercise of the rights of the later obligee.Second,the period between the application period and the announcement period is too long,resulting in delayed disclosure and conflict of interest between obligees.Third,the trademark registration review mechanism of comprehensive review plus objection is too lengthy and does not meet the efficiency requirements.Fourth,the system design of reconsideration before litigation,and the lack of connection between the two eventually led to "circular litigation".In order to solve the above problems,this paper draws lessons from Japan’s attention to the quality of trademark registration,Britain’s understanding and application of the attribute of trademark private right,Germany’s pursuit of trademark registration efficiency and the emphasis on use value in the United States.And using the efficiency value,honesty and trustworthiness principle and the cost-benefit analysis method of law and economics,we put forward the corresponding improvement measures for each procedural problem.In short,in view of the problem of "death trademark",China should strengthen the application of use value in trademark registration and increase the burden of proof of trademark registration applicants.At the same time,the timely disclosure system is introduced to avoid the dilemma caused by delayed disclosure.Moreover,the "objection postposition" is used to reduce the examination pressure of the trademark examination authority,and combine the invalid procedure and objection postposition procedure into one.Finally,giving the court the power of judicial change will effectively reduce the possibility of "circular litigation".