| The trial of Maoshan goose can be described as a placid, when the parties are indulging in the proper use of trademark names to seek support at the case, I was secretly glad, Maoshan goose ultimately failed to become the generic name of goods. However, how to tap into such a settled case? This article have mainly researched geographical indications under the TRIPS Agreement rule, explained that what constitutes the intrinsic nature of this emerging intellectual property, so as to arrive the conclusion of Maoshan goose should be regarded as geographical indication. Further study on the deep conflict and inadequate legislation of trademark law protection of geographical indications, put forward an urgent need to correct our several legislative shortcomings under the current situation.The first chapter of the full-text mainly introduced the Maoshan goose trademark infringement case and the basic facts of it, analyzed the understanding limitation on the legal nature of Maoshan goose of both sides, for the following writing to clarify the identity of it. Chapterâ…¡argued Maoshan goose should be considered as geographical indication and why, focusing on the concept of geographical indication, ownership characteristics and standards of. On this basis, the article produced the priority principle to solve the conflicting rights between geographical indications and trademark, the chapter is the main part of this article. Chapterâ…¢made an assessment of our nation protection mode of geographical Indications, focusing on the infringement trademark impede on the geographical indication and the difference between collective trademarks, certification trademarks and geographical indications. Chapterâ…£proposed several legislative measures to improve the legal system, it is recommended to maintain the current existing legal system to make some appropriate changes. Hoped that this paper can play a role for a higher level protection of geographical indication and attracting valuable opinions.
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