Analysis Of Trademark Interests Of The Balance Mechanism

With radical competition, the idea of using and protecting trademark is strengthened, and the consumer become more and more dependent on the distinguishing function of trademark. The idea of balancing the interests which exist in trademark become very important for enhancing the value of intellectual property law. It is the requirement of developing market economy to improve the law of trademark to meet the reality.Trademark law needs to protect both the exclusive right of trademark owner and the public interests related to trademark so as to coordinate the relationship between the private interests of the trademark owner and social public, especially the relationship of the interests of trademark owner, consumer and the competition subject of trademark owner. In order to realize the aim of trademarklaw, it is necessary for the trademark law to establish the mechanism of balancing interests. Through a series of system design and arrangement, trademark law establishes such mechanism, there by safe guarding the realization of the aim of trademark legislation.The first part of this essay explains why the equivalence of intellectual property is explored. First, the principal object of intellectual property law is to protect the public interests. Second, based on the principal object, there are two reasons for balancing interests in right of trademark: one is the need in restricting the unreasonable expansion of the right of trademark, the other is the necessity for maintain the public interests. The principal object of intellectual property law is that improving the interests of the whole society, other than unlimitedly protecting the right of those who authorized with intellectual property.The second part explores the function and the value of trademark as well as the interests construction of the right of trade mark. The basic function of trademark is distinguishing different commodities from different producers, and other fuctions of trademark include meantaining...