Individuals must apply for trademark registration must be sole proprietors, personal partnership, the contractor operating the rural households or approved by the other business activities of the natural person, and these people have to apply for trademark registration will be limited to the business license approved by the scope. In 2001 the revised "Trademark Law" to relax a registered trademark applicants to the restrictions that the industry was in line with international practice is a big step forward, but the attendant wave of registering trademarks are growing, "diligence" It is in this context the introduction. However, on "diligence" is a step forward or backward, whether legal basis, will stop the wave of the fact, the parties have been arguing about constantly.

Unfinished litigation

Due to the sensitive job, Wang Ming, the application was rejected after careful inspection of the "diligence" and examined the relevant information. He believes that "diligence" requirements are quite inappropriate. "For example, the" Trademark Law "4th clear, can apply for registration of trade marks, including the main natural persons, legal persons or other organizations, and the" Guidelines "was shown natural application of restrictive provisions, it is a serious violation of the" Trademark Law "." Wang Ming, right《 China Business Weekly "said. In addition, Wang Ming also that the "Guidelines" are "registering the trademark rights" granted to specific segments of the suspects. "Registration of the trademark is not only a natural person, there are many enterprises. Now the "Guidelines" will be excluded from the most natural applicants, but the enterprise has no restrictions. "Said Wang Ming," which means that the provision is in fact registering the trademark will be granted the privilege level

Industry Organization, is the organization for clearing away the obstacles to registering the trademark. "Under our existing laws and administrative prosecution against a normative documents, only specific administrative acts. To this end, on March 21 morning, Wang Ming, a trademark applications will not be entertained pretext that the State Trademark Bureau sued the Beijing No. 1 Intermediate People's Court. However, according to Wang Ming, a Court file with the Court had no evidence that national and Trademark Office registered trademark applications grounds, not on file. This, said Wang Ming, "I am ready to go back and re-taking of evidence, then the prosecution."

Registering trademarks tide

The "Guidelines" adopted, widely believed to be in order to curb the growing wave of registering trademarks. According to Beijing Jun-IP Acting Director Yu Changjiang firm, in 2001 the revised "Trademark Law" natural right Remains trademark applications, the industry is in line with international practices a big step forward, but also triggered a personal trademark for the blowout. From the State Trademark Bureau figures show : From 2000, China began to trademark applications for 25.66% of the average annual growth rate has increased rapidly. As of the end of 2006, the country registered trademark of a total of over 2.76 million, trademark applications for four consecutive years ranked first in the world, which account for natural for all applications by 25%. But in trademark applications continued to surge, while a wave after wave of registering trademarks wave also roll over. "News hook" for the application for registration of cosmetics trademark "kiss fragrant face neck," Tse was laxative trademark applications have been "Effcet closure," non-famous comic dialogue performers Guodegang be registered as non-famous brands "in the pot liquor tank." Last year's Fujian Lee registering the "central government" to contraception trademark, and this is a world outcry. One time, the famous names, objects, and even the names have become popular vocabulary registering the goal. Registering a variety of events, a boost people's nerves. But the fact is the first step. Once successfully registered trademark, which will be registering people to open up NT users to sell profit-making. If CCTV's "Art and Life" column was the fact that although that has not been formally approved, but the fact people have come up with 5 million videos.

Holders of a "Daolang" alcohol beverage category registered trademark of the men, commissioned an investment company Xinjiang auctions this trademark, the asking price of 30 million. "The Silent Force" is asking for more direction from the 3000 event surged to a high price of 100 million. China's intellectual property senior member of the Guangdong Provincial trademark red emblem LIAO Jun-ming, general manager of firms that "Trademark Law" to relax registered trademark of the applicant's limitations, and trademark holders were entitled to trademark free transfer and the change is the result of this important reasons for the status quo. "Act of registering trademarks serious danger to society. Directly harm the abusive registration of interests." LIAO Jun-ming said, "In addition, registering the trademark through malicious registering the trademarks of others, to engage in illicit profit-making competition and fair competition in the market order, endanger the public a total of interests, contrary to good faith, fair business ethics and is not conducive to China's socialist market economy in a healthy and orderly development. also on China's basic legal principles and the basic spirit of treason and provocation. "LIAO Jun-ming, currently registering the trademark has been professional, and has catalyzed an industry interests chain : the fact -- speculation -- coercion or redemption transactions. Around registering trademarks or even a professional company, on the one hand, are trademarks specialized consulting firms disclose to the enterprise under the banner of information, is intended to provide compensation trademark recovery services for profit; While there dedicated to the resale speculation trademarks are trademarks firm. This industrial chain formed more registering trade marks increasing phenomenon.

Controversial

However, in order to resolve the trademark registration "malicious applications, malicious registering, malicious objections, the transfer of malicious," the "Guidelines" as soon introduced, it immediately triggered a controversy. Wang Ming, sued the lawyers that the trademark is privacy, the general provisions on international natural to be registered and natural limit of eligibility, is not only a violation of the country's current "Trademark Law" does not conform to international practice. "I hope the relevant departments to adopt more effective ways to regulate the trademark market, and not otherwise use such methods." Wang Ming said. He sued for the same purpose, "perhaps the last case may lose, but I hope that the prosecution be able to promote the repeal of the policy, which also hopes to replace the lower one of the highest law occurred less. As long as the court file, the original intention of the prosecution has been achieved by half. " Wang Ming said. Beijing Shang Jun, director of intellectual property agents, I think the Yangtze, the "Guidelines" neither legal basis nor the legal authority, administrative proceedings, the State Trademark Bureau outlook. I also believe that the Yangtze River, the "Guidelines" is the introduction of a step backwards. "In the past when the" Trademark Law "amendment was unanimously favorable, as it is beneficial to the extensive use of the mark needs, but also to eliminate the Chinese and foreigners registered trademarks unfair phenomenon. And now we return to the previous revision of the old path. "But with rich experience trademark pragmatic tactics the Guangdong trademark red emblem LIAO Jun-ming, general manager of firm hold divergent views. "The essence of trademark role is to distinguish between the sources of commodities, and no qualified person can not use trademark and, therefore, actual use of a trademark application is no reason to accept." LIAO Jun-ming, was misunderstood by society in the long fourth of the Trademark Law, the Trademark Office is precisely formulated "Guidelines" legal basis, "I think that the" Guidelines "are legitimate, and Trademark Office if the applicant does not impose any restriction, but contrary to the provisions of the law."

The jury is still controversial, but there is one thing the two sides agreed -- trademark applications for registration should be standardized

. LIAO Jun-ming that, in order to solve the problem of registering trademarks, can adopt the following measures : First, the "Guidelines" by administrative regulations or administrative regulations issued in the form; Second, the Trademark Office made inadmissible in the administrative decisions, we must also invoke the "Trademark Law" as the fourth of the Act Legal basis, not simply invoke the "Guidelines", and should be justified. I Yangtze suggested that the right to use the trademark should be further refined and Trademark Office should take the initiative to review the use of trademarks and promptly clean-up, especially against natural trademark applications, to enable them to understand the application to trademark the risks, thereby achieving volume reduction for the purpose. (Xu Hao) (Source : China Economic Weekly)