Title Page
ABSTRACT
Contents
I. INTRODUCTION 10
1.1. The Definition of Trademark in China and America 10
1.2. The Comparation of Acquisition System of Trademark Right 13
1.2.1. The Acquisition System of Trademark Right in America 13
1.2.2. The Acquisition System of Trademark Right in China 18
II. THE SIMILARITIES AND DIFFERENCES BETWEEN THE ACQUISITION SYSTEMS OF TRADEMARK RIGHT IN CHINA AND AMERICA 25
2.1. The Similarities Between the Acquisition Systems of Trademark Right in China and America 25
2.2. The Differences Between the Acquisition Systems of Trademark Right in China and America 26
2.3. Pros and Cons of both Trademark Acquisition Systems in China and America 27
2.4. Assessments of Two Trademark Acquisition Systems from Third Countries 38
III. THE DEFINITION AND PHENOMENON OF TRADEMARK SQUATTING IN DIFFERENT COUNTRIES 46
3.1. How to Define Trademark Squatting 47
3.2. The Phenomenon of Trademark Squatting in China and America 50
IV. THE COMPARATIVE STUDY ON THE "USE" RULE AND "REGISTRATION" RULE IN ACQUISITION SYSTEM OF TRADEMARK RIGHTS IN TWO COUNTRIES 55
4.1. the Position and Function of "USE" 55
4.1.1. The Position and Function Of "USE" in Acquisition System of Trademark Rights in America 55
4.1.2. The Position and Function Of "USE" in Acquisition System of Trademark Rights in China 79
4.1.3. The Difference of "USE" in Acquisition System of Trademark Rights between two countries 85
4.2. The Position and Function of "REGISTRATION" 86
4.2.1. The Position and Function of "REGISTRATION" in Acquisition System of Trademark Rights in America 86
4.2.2. The Position and Function Of "REGISTRATION" in Acquisition System of Trademark Rights in China 97
4.2.3. The Difference of "REGISTRATION" in Acquisition System of Trademark Rights between two countries 100
V. SUGGESTIONS TO PERFECT THE ACQUISITION SYSTEM OF TRADEMARK RIGHTS IN CHINA 102
5.1. The Assessment of the Combating Trademark Squatting Systems in Two Countries 102
5.1.1. The Assessment of the Combating Trademark Squatting Systems in America 102
5.1.2. The Assessment of the Combating Trademark Squatting Systems in China 103
5.2. The Legislative Advice on Introducing Intent-to-Use System to China 105
5.2.1. The Nuts and Bolts of Intent-to-Use System 106
5.2.2. The Benefits and of Introducing Intent-to-Use System to China 108
5.2.3. The Negativeness of Introducing Intent-to-Use System to China 109
CONCLUSION 111
REFERENCES 113