Restriction Of Trademark Rights

Not unlimited rights, trademark rights requires a certain degree of range restriction, for example, the exercise of trademark rights does not violate the principle of good faith, shall not be contrary to good morals, not undermine social welfare and so on. Most countries have introduced restrictions for the trademark laws of desire and the corresponding regulation, trademark protection can be described as fortunate. Throughout our trademark legislation, while China's "Trademark Law" had two changes, but not limited to the trademark rights to make the system complete the provisions of this law and international legislation on the existence of the gap to catch up with the big international legislation trend is bound to strengthen and improve the limitations of trademark law requirements in order to better coordinate our legislative system of intellectual property to make it better.In theory, the limitations of trademark rights is far from a consensus at the initial stage; but in real life cases related to trademark restrictions are constantly emerging, urgent need for legal restrictions and regulations on trademark sound system requirements to ensure that the legitimate interests of trademark owners, and safeguarding social welfare, and better implementation of the trademark legislation. In order to solve practical problems and to protect the legitimate interests of trademark owners, I determined to discuss limits of trademark rights, trademark restrictions is clearly not ignore the public good, is not complete and reasonable. Than the Chinese legislation on foreign legislative restrictions on the trademark sophistication, so learn from foreign legislation, Restrictions on China's trademarks to be provided for the development and improvement is essential.Paper is divided into five parts to illustrate the relevant contents of trademark restrictions, more widely known trademark and limitations of the system in orcer to lind a solution strategies and methods.Talking about the first part of the concept of trademark restrictions, characteristics and classification, as well as other intellectual property system in comparison. And intellectual property analysis and comparison with other systems, such as patents, copyright system to identify existing trademark restrictions system deficiencies, the trademark system to further improve the proposed humble opinion. The theoretical basis of trademark restrictions, trademark restrictions for the study to provide adequate theoretical knowledge.The second part of the rational use of the trademark. Clarified the meaning of trademark fair use, the analysis demonstrated its necessity. Trademark fair use from the three specific cases were selected for analysis. Trademark fair use of the criteria determining the theoretical analysis.The third part describes the first use of trademark rights. Right from the trademark first use existing legislative provisions need to start and abroad, thus further analysis of the contents of trademark rights before using. Firstly, the earlier trademark in some countries the right to use a comparative analysis, thus establishing the prior right to use trademarks and trademarks constitutes the right to exercise the principle of prior use.Fourth part describes the exhaustion of trademark rights. The existence of the potential exhaustion of trademark rights and trademark system for generating exhaust analysis of causes, then the application of the exhaustion of trademark analysis conditions were discussed.Part V talked about trademark restrictions on Legislation. Legislation on improving the rational use of trademarks, in the "Trademark Law" and "Trademark Law Implementing Rules" established in the system of trademark fair use and trademark fair use standards; mark first with the right legislative proposals in the "Trademark Law" clearly states trademark first use rights, the right to further clarify the restrictions on first use; of trademark exhaustion regime and proposed the idea of choice, in principle, to allow parallel importation of trademark, in exceptional circumstances, prohibition of parallel importation of trade marks.