The Research On The Interests Balance Of The Trademark System

Trademark system is a legal system which not only protects the interests of the trademark owner, but also protects the interests of consumer and the relevant public, and it is a legal system to protect and promote the competition too. A good trademark system should be a legal system which can balance and coordinate the interests between the trademark owner and the public well. How to build a reasonable interests balance mechanism is an important subject on the research of the trademark system. Reviewing the development of trademark system in recent years, we can see a lot of countries strengthening the protection of trademark right in the legislation and the justice. The trademark right protection is improving to an unprecedented level. No matter in general trademark system or in specific trademark system such as well-known trademark system, the personal interests of the trademark owner have the tendency to expand constantly. While acknowledging the rationality of its expansion, the trademark legislation should also limits the irrational expansions to protect the right of the others. On the contrary, in some specific situations such as the protection of the unregistered trademark system, since the interests of the trademark owner have not got due protection yet, in this case, protection is necessary to strengthen in order to keep the balance between rights and obligations among the subjects.This text mainly launches research to the interests balance of the trademark system. The text has four parts in all: Part one probes into the rationality basis of trademark system's interests balance, proposing the interests balance mechanism of the trademark system; Part two mainly analyzes the issue about the interests balance in the general trademark system, introduces the personal interests expansion of the trademark right, discusses the reason of the interests balance, proposes the due restriction to the expansion of trademark interest; Part three mainly discusses the interests balance in the well-known trademark system, unregistered trademark system and other specific trademark systems; The analysis of the second and third part mainly bases on the foreign country's relevant legislation and justice, on the basis of this analysis, part four organize discussion to the current situation of our country trademark system, basing on the viewpoint of interests balance, this part analyzes the deficiency of the existing trademark system, and puts forward some suggestions to perfect accordingly.