Study Of Trademark Infringement

Protecting the legal right of trademark oblige has great relationship with preventing, refraining and attacking torts in trademark area. The urpose of researching in trademark torts is to analyze the reason of trademark torts, to discuss how to resolve the problem of trademark torts and to perfect the of trademark law.This article can be divided to five parts. Part one briefly expatiates the concept, function and value of trademark. Part two analyses the reason of trademark torts according to macroscopic economic background, microeconomic background, cultural factors and the environment of executing the law. We can draw the conclusion that the fundamental reason of trademark torts is benefit. The traditional culture of our country despises private property right. In this cultural background, the obligee's consciousness of self-protection is not enough and some obligors lose their sense of shame in their hearts. In addition, our country has not done its best to execute the law. All these leads to a lot of trademark torts nowadays. Part three has analyzed this question with logic method. First, expatiates resources and scope of trademark right; Next, discusses how to understand trademark tort's function, category; And finally, analyzes the exceptions of trademark torts. At the same time expatiates the question of: preemptive register of trademarks, the protection of unregistered trademarks and relative rules about trademark protection in "TRIPS". Part four brings forward the measures of how to put in order for and keep away from trademark torts. On the one hand, we should boot up civic consciousness of legal right and make them reject trademark torts with consciousness. On the other hand, with the method which including striking, fine and reparation, and with penal, civil and administrative measures, deals with the trademark torts. Part fiveraises several suggestions for perfecting our trademark law. First, it should expand trademark's function and expand trademark protection range. Second, it should strengthen the effect of Unti-unaffair Completion Law for trademark protection. Third, in legislation of our country, it should endow the people's courts with the right to affirm the resound trademark right. Four, it should allow the trademark right owners to protect their trademark rights with recovery trademark and allying trademark. Five, it should increase the relative accusals to strike trademark torts. Finally, it should make a uniform intellectual code to change the dispersive legislation mode.