A Study Of The Legislative Issues Concerning Trademark Rush-registered Of Tourist Attraction

With the development of economy, the trademark consciousness has been raised in the whole society. At the same time, some individuals and companies discover the great value behind trademarks and go rush-registered. Recently, there is a new tendency that the names of tourist attraction have been rush-registered viciously. How to protect the trademarks of tourist attraction is the main problem that should be solved in this dissertation.This dissertation would firstly summarize the situation about trademark of tourist attraction being rush-registered and introduce the concept, classification and features of rush-registered behavior. Then, author analyzes the causes of rush-registered behaviors on trademark of tourist attraction, in light of trademark law, self-characters of tour source, the system of separation of the executive, legislative and judicial powers in tour source management and economic knowledge. In allusion to the different opinions on trademark rush-registered, author addresses herself to the advantages and disadvantages of rush-registered behavior from the respects of the influences towards the original user after their trademark being rush-registered, the harm towards consumer's interests, and the disturbance of market economic order. Author emphasizes on expatiating the differences and relations among the rush-registered behavior, honesty and credit principle and anti-unfair competition behavior, and makes a thorough discussion on character of such behavior. Strictly speaking, some foreign countries face the same situations as we do. They regulate it by Trademark Law and Anti-Unfair Competition Law. In addition, some countries that have an advanced tourism find out a characteristic route to attract tourists by taking good advantages of tour source and establishing brand. Considering the developing situation of tourist attraction management in our country, combined with the modulating mode in Trademark Law and Anti-Unfair Competition Law, the last part in my dissertation would discuss the planned managing mode of trademark of tourist attraction, and do effort to bring up our own tour brand. Based on the feature that the trademark of tourist attraction has a weak markedness innately, this dissertation also enumerates the range of proper using of the trademark of tourist attraction.