Introspection of the Trade Mark Registration Systems in China
|School||East China University of Political Science|
|Keywords||Trade Mark Rights System of First Registration Use of a Trademark|
Generally, there are two ways of original possession on trade mark rights: principle of first registration and principle of first usage. Otherwise, possession of trade mark rights by its well-known reputation is considered as another way in the article 4 of German Trade Mark Law which adopted the mixed possession principle.This article illustrated that under current procedure of trade mark registration system in China, several embarrassments in juridical practice occurred. For instance, sharp increasing trade mark applications are taking considerable administrative resources and delay the examination period. Meanwhile, massive oppositions and disputes aggravate the embarrassments above: before 2008, the trade mark examination period is more than 36 months. Besides, trademark squatting, insufficiency of unregistered trade mark protection and overprotection of unused trade mark are weakness in juridical practice as well.Those deficiencies are occurred by various reasons which are not only with regard to the characteristic of trade mark, but also the fundamental realities of China. Besides, unreasonable factors in trade mark procedure put undue emphasis on priority of registration and ignore use of a trademark. The combination of factors above query the principle of trade mark registration in China.The principle of first usage is inapplicable for China due to lacking of exploitativeness on prior use testification. Furthermore, in consideration of fundamental realities of China, legislative reference and traditional cultural, principle of first registration shall be maintained. In my opinion, some appropriate readjustments are necessary. For instance, the regulation about trade mark usage shall be improved and the relation between registered trade mark and prior used trade mark shall be defined. Then, the trade mark registration system could have better work and protect the trade mark rights properly.