On The Legal Protection Of Chinese Translation Of Foreign Language Trademarks

With the continuous development of market economy, the reform and openingpolicy and constantly improve the company, overseas enterprises have overseastarget market focus lock Chinese, especially Chinese mainland. Originally in theoverseas well-known consumer brands directly to the foreign language trademarkform in the domestic registered or unregistered used to Chinese translation trademarkuse, even the media, the public will give the foreign language trademark shall beseparately from a Chinese name, resulting in foreign trademark rights between manand Chinese translation trademark rights dispute, judging from the current severaltypical dispute on trademark dispute case, whether it is between administrativedepartments such as the Trademark Review and Adjudication Board and the court, orbetween different trial level court, for the foreign language trademark translationtrademark infringement dispute and Chinese or against TRAb administrativelitigation judgment standard each are not identical, the reason of judgment is lack ofuniform scale, academic viewpoints also be quite different, even differentcodefendant situation also happen from time to time, to the judicial organs in solvingthe similar cases brought a lot of confusion.This paper hope through the form of case analysis, from the perspective oftrademark dispute cases similar, thus triggering the theoretical reflection, the issue oflegal protection for unregistered trademark Chinese translation are discussed, thecomprehensive different academic views and judgment basis, put forward their ownideas or feasible to solve this kind of problems, opinions.The structure of this paper is divided into three parts: introduction, text andconclusion part.The introduction part, explains the starting point of writing this paper, in orderto explore the reasons for Chinese translation of trademark disputes unregisteredformation. The text is divided into three parts:The first part: the brief excerpts and introduced from "RANDOM vs blue board"case,"VIAGRA vs," Viagra "case SONY ERICSSON vs Sony Ericsson" case,"LEROY SOMER vs Leigh Larsen Mar" case,"LADND ROVER vs Land Rover"case is representative and typical real case as the breakthrough point, analysis of thethe similarities and differences, and sums up the current judicial practice process fordealing with such disputes problems.The second part: the basic concept and the legal status of carding Chinesetranslation trademark, clarify the source of foreign trademark Chinese term issue,analysis of the legal basis for trademark infringement and its law application behindthe problems need to be solved.The third part: on the basis of the above analysis, the differences on legal thinkingappear behind the differences and judgment of Chinese and foreign similar cases incurrent judicial practice, believes that the key lies in how to balance the programtrademark protection in the process of value and the real value of the problem, to"NEW BALANCE vs New Lun" jogging shoes trademark case, suggestions as toforeign trademark for the protection of the law Chinese translated,"take the initiativeto use" is the only criteria.The last part of this thesis is to explore the translation of foreign trademarkdispute Chinese legal issues summary...