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On Construction of Quitting Mechanism of Well-known Trademarks in China

Author: ZhangBing
Tutor: LiangMuSheng
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Famous Trademark Revocation of standard Revocation procedures
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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Abstract

Well-known trademark system could effectively stop the free-rider behavior, protection of high goodwill trademark. However, the well-known trademark system in China is a serious alienation, the proliferation of well-known trademarks, well-known trademark is not famous, well-known trademarks excessive publicity, etc., just makes the well-known trademarks companies competing to get publicity resources. Some well-known trademark is no longer famous publicity still the name of well-known trademarks. Our well-known trademarks revocation mechanism is not established, the regulatory system of this behavior, the State Trademark Bureau proposed the idea of ??build a well-known trademark revocation mechanism. I also tried to put forward a framework of well-known trademarks revocation mechanism program on the basis of previous results, and therefore choose the research content. The paper is divided into five chapters. The basic problem of the first part of the well-known trademarks. Papers starting from the concept of well-known trademarks, summed up the three elements of the well-known trademarks, appeared from scattered systematic summary of the rapid development of the three stages of the legislation of each period; draw on existing achievements based on the system summarized the famous reasons, performance and hazards; trademark alienation Finally, from the three levels of the system of well-known trademarks to realize the value of the return, the protection of high goodwill trademarks, protection of trademarks order discusses the need for a well-known trademark revocation mechanism. The second part, the lack of well-known trademarks in China revocation mechanism. Were analyzed the revocation mechanism deletion causes harm, and further discussed the need for a well-known trademark revocation mechanism. The third part, well-known trademark revoked behavior. To discuss the well-known trademark may revoke from judicial determination behavior and the administrative identified behavior. Come to revoke the well-known trademarks has two meanings: one is revoked then judicial determination or administrative identified a revocation of the identified only negate the status of the well-known trademark is famous ferret out the meaning of revocation of well-known trademarks. The domestic scholars did not discuss whether the well-known trademarks revocability, but I believe that even if its qualitative fact-finding, but still has four reasons revocability: goodwill after the identification will have a positive impact; supplier The reputation of the decline was a slow process; identified the trademark will appear in the list of well-known trademarks. Can be revoked status or behavior? In this part of the study, the author has come to a conclusion: the state can also be negative. The fourth part of the well-known trademarks in China revoked that standard. China did not establish a well-known trademark revoked regime did not propose to revoke a standard, this standard includes the following aspects: ① trademark revoked, ② false lawsuit identified serious problems, (3) the quality of the goods, (4) the market share of serious know the extent of the decline in, ⑤ the relevant public's serious decline. The fifth part, well-known trademarks in China revocation procedures. Domestic only trademark revocation procedures, and no well-known trademark revocation procedures, the cancellation procedure known trademarks recommendations: the well-known trademark revoked divided into active revoked and passive revoked, including passive revocation is divided into court to revoke and administrative revoked. The court revoked only by trial supervision program, and to establish the case outside the third person for the revocation of a system of well-known trademarks. Finally, in the concluding part of after the abolition of the effectiveness of well-known trademarks. Well-known trademarks has been revoked can no longer get special protection, can no longer carry out propaganda on behalf of the well-known trademark, withdraw before the use of well-known trademarks behavior does not have retrospective effect.

On Construction of Quitting Mechanism of Well-known Trademarks in China

Abstract

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