The Protection Of Trademark Right Under Internet Environment

With the rapid development of internet, the net has played a more and more important role in people's life. However, with the emergency and development of the network technology, it has made the domain names and the traditional trademarks link inextricably, and made the domain names have conflicts with the trademark right in the real world, so domain names has posed a great challenge to the relatively stable trademark legal system. Consequently, the academic field has paid large attention to legal status attributes, content of trademark in the setting of network, network trademark infringement and its solution. Resolving these problems will be good for the protection of the occupier's legal interests, the regulation of the network trademark and the promotion of the healthy development of international internet. By anglicizing varieties of trademark infringement in the cyberspace, this article has made deep research into the network trademark's attributes and its protection. Furthermore, it has anglicized the measures of three-dimensional protections, and at the same time has emphasized on the important meaning of legislation of network trademark.This article has four portions. The first one introduces the emergence, development and attributes of the trademark right in the cyberspace, and states the function and the value of trademark in the cyberspace. As the internet has been popularized, many commercial companies have realized the vast potential power of domain names which is a necessity for developing internet business. In order to attract the public for searching, positioning wibesite resourse and improving the trade on the net, many companies have registered their most significant, specialist and most recognizable names or trademark as their domain names in the cyberspace. By doing these, the companies has enhanced their visibility and strengthened their potential competition advantages.The second part elaborates the reasons and varieties of conflicts about trademark right infringement under the internet circumstance, especially for those infringements caused by the registration of the domain names. Besides, this part has made detailed analysis refers to the legal status and the attributes of the trademark in the cyberspace, furthermore, it has brought out some suggestions about network trademark legislation.From the aspect of procedure, the third portion has discussed the solving modes about network trademark infringement conflicts in some countries both in national and international. At the beginning of these conflicts, special laws are deficient in America and our country, because of the lack of special laws, the judge has to complain the original laws and enlarge the use of trademark laws to the net, which brought many disputes. As the numbers of conflicts increases rapidly, the US has emended the trademark laws, decreed and carried out the new laws. In our country, some regulations have also been issued, which although protect the occupier's right still have problems, therefore, this article suggests our country speed up the pace of network trademark registrations.The last portion comes up with the proposal of three-dimensional protection in the cyberspace. With the development of internet, trademark infringement has increased and become various. In order to protect the trademark effectively, the author brings out the suggestion from politic, social suspension and other aspects. There must be a gradual process for the internet and domain names to become perfect. So as our realization of a new thing. During this process, we should fully protect and balance the interests host of all aspects and the interests relationship, especially when we deal with the trademark infringement in the cyberspace. At the same time, we should adjust to new development and changes, speed up the pace of legislation and perfect the legal system of socialist market economy.