Research On Trademark Degradation And Its Legal Regulation

With the development of economy, brand has become the focus of the market competition between enterprises, the protection of intellectual property is becoming more and more important, however, our country enterprise awareness of trademark protection is not high, often appear on the trademark degradation behaviors and the case in real life, and the lack of relevant laws and regulations in the legislation, causes the case can not be timely and efficiently, thus introducing the trademark degradation theory is imminent in legislation. This thesis combines theory with practice, on the basis of the domestic and foreign legislative experience, analysis of China’s legislative and judicial status of the trademark degradation, and proposed consummates our country about the trademark degradation legislation, in order to strengthen the integrity of trademark protection. This paper is divided into three parts, mainly include the following contents:The first part is the introduction of the theory of trademark degradation. The first section mainly analyzes the meaning of the trademark degradation, and the trademark degradation differences and the correlation concept, emphasize the identification of the trademark degradation in order to safeguard the interests of the public, to prevent the public resources privatization, safeguard the fair market competition order, make theoretical groundwork for the following introduction. The second section is the law analysis of trademark degradation. Based on judicial cases, mainly analyzes three aspects, include the reasons of the trademark degradation, the standard of determination of trademark degradation, and the trademark degradation consequence. Among them, the relevant analysis of the standards of foreign trademark degradation is the key for this part, and provide reference for the presented below about our standards and legal regulations of trademark degradation.The second part discusses our country legal regulation problems of trademark degradation. First of all, through analyzing the trademark protection situation of our country’s legislation and judicial practice, pointed out that the distinctiveness of trademark is the legal foundation of trademark right, proposed the significance of trademark is not only the basis that decided whether the label obtain the trademark protection, is also the basis of that decide the scope of trademark protection, But our country legislation expression does not conform to the theories of trademark law, neglect the significant of trademark, Lack of complete protection for trademarks. At the same time, combining the concrete case to carry on the thorough analysis, summed up China’s main problems existing in the determination of the trademark degradation.The third part is the suggestions of China’s trademark degradation of the legal regulation. According to the main problems mentioned above, the cognizance of trademark degradation of standards and specific identification method is presented in detail, can be reference to the international legislation experience and combining with the foundation of the judicial practice in China, discuss the standards of cognizance trademark degradation and specific identification method in detail, suggests that base on reference to the international legislation experience and combining with the foundation of the judicial practice in China, set up trademark degradation theory in the legislative and standard judicial level, unify determination standard of trademark degradation, and give the corresponding relief rights to the trademark owner, in order to deal with the trademark degradation is more scientific and reasonable.