The Value of our Trademark Registration System from the Perspective of Private Law: Based on the Third Revision of Chinese Trademark Law
Shang Qingfeng Zhao Hui
Trademark right in essence belongs to private property rights and its development is real right-oriented. From the logic analysis, trademark right acquisition should have two conditions including possession of trademarks and the commercial use in particular goods or services. Trademark registration should be the means of public notice of the trademark right to make an acknowledgment of an already existing trademark rights from the perspective of private law. Therefore, China's trademark law should abandon the absolute principle of trademark registration and set up the new system of combination of registration and use ,which requires the registration of trademark should be already in use or will be used.