The Research On The Service Trademark And Its Legal Protection

As the development of the service industry, service providers begin to use marks in large-scale to distinguish each other. The importance of service trademark has been realized gradually, lots of enterprises register service trademarks on their own initiative and reinforce the management and protection of them. Meanwhile, unfair practices in competition which imitate service trademarks appeared as a consequence in service industry, which caused great damage to right owners. So it's time to put the protecting of service trademarks onto the table. However, there are only principle regulations in our legislations such as "The institutions about goods trademark are applicable to service trademark", which is difficult to operate in practice. It is the service trademark and its legal protection that is the core of this dissertation. The author tries to start with the origin, the legal characteristic and the role of service trademark, compare it with several related conceptions as "goods trademark", "trade name"; Next, integrates international conventions and the legislations in some countries to contrast the present protection on service trademark in our country; Then, analyzes the particularity in the legal protection of service trademark from the view that different from goods trademark and discuss the protection of service trademark based on the infringement theory; Further, with a single chapter, expounds the new phenomenon of service trademark infringement in real estate field, analyzes its confliction with the place name right and how to solve; finally, the author puts forward legislative...