Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2015, Vol. 17 ›› Issue (4): 35-40.

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Reflection of Trademark Opposition System on the Context of Private Rights

  

  1. 1Economic and Trade Law School, Shandong University of Political Science and Law, Jinan 250014, China; 2 Law School, Shandong University of Finance and Economics, Jinan 250014, China
  • Received:2015-04-16 Online:2015-08-31 Published:2023-03-27

Abstract: Design and improvement of legal system of trademark should be orientated towards its private right attribute with no exception of trademark opposition The third amendment of Trademark Law made a positive but not complete reformation on the system of trademark opposition Through the methods such as comparative research and social empirical research, it should follow the concept of private rights of trademarks, dilute the function of social supervision and self supervision of the trademark opposition, strengthen its private relief function, and further limit the scope of the body of trademark opposition On system designs, it shall properly handle the relationship between public power and private right protection, pay attention to the censorship between absolute reason and objection on prepositional procedure, build the administrative examination mode, integrate the existing trademark objection procedure and invalid procedure, and introduce the system of cooling-off period

Key words: trademark right, private right, trademark opposition

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