论我国商标确权机制的完善.pdfVIP

Abstract Trademark rights mechanism is a system for our country, exotic, in our short history, our country is applicable to a passive migration to as used to process.In its beginning, it was not based on its own national conditions and choice of system in this process, an era marked by a deep imprint in our practice, there have been many problems. Trademark rights, including trademark rights program administrative procedures and judicial p rocedures trademark rights, trademark rights administrative problems within the program settings are: malicious objections phenomenon abound; indeed the right cycle is too long, could easily lead to the right illusory phenomena; revocation procedures are not reasonable (registered trademark cancellation proceedings unreasonable; rescission and invalid concept not clearly defined). Trademark judicial procedures set problems are: the original trademark rights lawsuit as a defendant is unreasonable; trademark rights division of judicial review is unreasonable, easy to cause circulation litigation; trademark rights of appeal and tort conflicts. In view of the practice of trademark rights problems, analyze the UK, USA, Germany, Japan and their trademark registration system, system of trademark opposition, trademark termination system and judicial procedures that the trademark rights of administrative procedures should draw British ban counterfeit trademark relief program, increase the unregistered trademark protection; can learn from the U.S. about the time limit, the trademark owner to set aside a reasonable period, but also to resolve trademark infringement and trademark rights conflicts concerning time limits ; from abroad