Trademark Protection Of Fundamental Research

Although trademark is an important part of intellectual property, it is a special field that differs from copyright and patent, which is determined by the function of trademark . Therefore, it is necessary to study it separately and this is the starting-point of this article.Except the introduction and conclusion, the article is divided into five parts. In part I, the writer surveys the function of trademark. He observers that it is the basis of trademark protection. Trademark has three functions: to indicate source or origin, to guarantee quality, and to indicate goodwill, These functions are closely connected and rely on the distinctiveness of the trademark.In part n, the writer deals with the purpose of trademark protection. He holds that the purpose is connected with the function of the trademark. So the purpose of trademark protection is to encourage the trader to produce more high quality goods and to protect the consumer's interests through prohibiting unfair competition.Part III covers the object of trademark protection. Unlike copyright and patent, trademark law protects the distinctiveness of the trademark. From other perspectives, it is the trader's goodwill which appears in the form of information.In the fourth part, the writer surveys the acquisition of trademark right. There are three channels of trademark right acquisition. They have their own rational basis and advantages and disadvantages. So now there is a trend of merging. The new trademark law of China reflects the trend from some aspects. The first channel is acquisition through trademark use, the second is through trademark registration, the third is the combination of them.In part V, the writer deals with the scope of trademark protection. It consists of three aspects. The first aspect is the term of trademark protection, the second is the geographic scope, the third is the specific rights of trademark. Trademark has four specific rights, right of use, right of prohibition of use, right of license and right of assignment This article surveys the right of use, the right of prohibition of use. The right of use can interpret reverse passing off. The right of prohibition is determined by the function of trademark, and the scope of prohibition is now expanding in well-know trademarks.