A Study On The Infringement Of The Name Right In Trademark Registration

The name refers to the natural person’s surname and first name, is a code and symbol of the natural person in the society to distinguish from others in the society In the primitive society, the name is the individual to the attribution of the social group or the blood relation or a particular class, is the transformation of individuals to groups.With the development of commercial trade, in today’s society, the name in addition to has the function of distinguishing others, there are some commercial value. In order to save publicity and design costs, some enterprises register a person’s name as a trademark without permission to grab the quality of honor and consumer trust behind the name. The generation of the preemptive name trademark registration in addition to some enterprises to grab illegitimate interests.On the one hand is due to the deficiencies in the system of China’s trademark law, on the other hand the it also lies in the identification standard of trademark registration infringement on the rights of personal name also need to be clarified.Therefore,the article stars from the discussion of why register a person’s name as a trademark infringe the right of name,combing with civil law,trademark law,anti unfair competition law and other laws. On the one hand, analysis of our country’s name trademark infringement cases from the practice. On the other hand, combined the relevant legal regulation and protection of the name trademark in other countries to provide reference suggestion of how to deal with this kind of problems.Specifically, this article will be divided into the following sections:The first chapter teases the cases of registering a person’s name as a trademark infringe the right of name, then analyses why this kind of behaviors infringe the right of name. Behind the name, there are commercial interests and the quick economic effect of using famous names. At the same time the illegal cost is low. So more and more person register others’name as a trademark. There are some indications about regulation the infringement behaviors in our trademark law,such as, the prior censorship lack of operability, relief of the course is weak, hard to protect the rights after the infringement. There is no exception in anti unfair competition law.The second chapter,the criterion of the registration of a trademark infringes the right of name. The behaviors of infringement the right of names include interfere others’name, embezzle others’name, counterfeit others’name. Register others’name as a trademark has the spite subjectively for profit or making confused. Objectively, register others’name as a trademark is a behavior of embezzle others’ name.The registration of a trademark infringes the right of name, which has a subjective standard and objective standard. After the analysis,the author thinks that the combination of subjective and objective standards is more appropriate.when the trademark registrant has subjective improper use of trademarks and objectively to make the relevant public associate the disputed trademark with the name of holder and form a "one to one correspondence ",which constitutes an infringement. And from the name of the owner popularity, whether the registered trademark and the person’s name has a one-to-one correspondence, the degree of relevance of goods or services provided by the trademark to the name of owner, whether the words in the name trademark has special meaning four aspects to identify the trademark applicant subjective improper purpose,The third chapter,suggestions of dealing with the problems registering a person’s name as a trademark infringe the right of name.After identify the fundamental principle of trademark registration infringement of the right of name From the macro,some comments and suggestions are put forward on the surname trademark registration in our country,including the adoption of the " intention to use principles in Lanham act to protect the surname trademark registration.The implementation of the surname trademark the" first application-after the use-re registered "procedure, this makes the name of the holder in the whole trademark registration stage has a multiple objection to the right to relief. Secondly, strengthen the examination of the significance of the surname trademark and identification of factors of standardization of the examination of the significance of the surname trademark,finally introduce the right of image.