The Research on Revocation System of Preemptive Registration of Famous&Well-Known Trademark
|School||Huazhong University of Science and Technology|
|Keywords||Famous trademark Well-known Trademark Revocation Confusion Improper means|
As a result that the living standard has been improved a lot in the past few decades, the trademark has grown its importance drastically in the recent years. However, people’s sense of protecting the trademark is still weak. For example, some people intentionally register other people’s trademark in order to cheat on the consumers or make profit from gouge others to redeem their own brand at a high price. In order to stop this action, the trademark law states that: if someone was believed to register other entities trademark for profit, an obligee could appeal to the Trademark Appeal Board, to get the object trademark canceled. Nowadays, increasing number of such cases makes this law an important one, although it is necessary to grant the an obligee some rights for the sake of keeping the trademark market under control, an abuse of this law will jeopardize the freedom of using trademarks. In fact, in the implementation of this law, people tend to extend the protection improperly. Sometimes they make conclusion without carefully reasoning, sometimes reasoning without applying the law itself, all these behaviors weaken the effectiveness of trademark law. The correct way of using this law, is to stick to the law itself when we are cope with these issues, and clarify the definition of“Confusion”、“Association”、“Have a certain influence、“Improper means”before we make any judgments. Otherwise, the law itself could be used as a shield to avoid normal competition, which hurt others at the same time. There weren’t much work have being down about this topic, nor any agreement has been reached yet. So, the contribution of this paper, is trying to give some theoretical analysis, combined with case study, in order to help legislation and implementation of the trademark law.