Legal Risk Investigation On Trademarks Of Listed Companies

As the symbol of the enterprise's commodities, the bearer of business goodwill, the guidance for consumers'shopping activities as well as the standard for the investors to choose their products, trademark must be contested as a kind of intangible assets which is intensively struggled for. Behind the trademark, there are not only business risks but also legal risks. The enterprise is the mainstay for brand creation, utilization, protection and management. For the listed companies which are regarded as the most outstanding enterprise group, their legal awareness and ability to protect trademarks directly reflect the trademark developmental level and height of our country. Therefore, for the listed companies, the trademark battle is a key factor to determine the development even the survival of a company.The trademark risk status of listed companies in Beijing area is representative due to the location in administrative center, large quantities, diversified industrial types as well as abundant related resources. This research topic objectively showed the trademark lawrisk status of the listed companies in Beijing area with detailed and authentic statistical data, summarized the risk types and analyzed the causes of risks. The research aims to put forward some risk control measures through understanding the existence and degree of trademark law risks of the listed companies, thus provides for the whole world of listed companies and enterprises a vane on thinking about their own trademark management, trademark risk prevention and control.This article includes four parts.First part of this paper introduces the research significance and methods. As the condensation of intellectual property, trademark has gradually become the characterization of enterprise commercial credit and the image of business continuity, and all the more the legal weapon to participate the market competition. Thus, its importance on prevention against legal risks is immeasurable. To study the trademark legal risk status of listed companies in Beijing area and put forward relevant proposals have the important practical significance. The author also minutely introduced the investigation method in this part. The second part described trademark law risk status of the listed companies in Beijing area. This part of the research proceeded around two basic forms which are the collected according to the survey data. Firstly the whole situation is reviewed, then the analysis according to the risk status by different index in the basic forms is carried out respectively.The third part introduced the existing trademark law risk and causes of the listed companies in Beijing area. Main content has two aspects:The first is the inner reason of the listed company, including two parts that the trademark demand of different sectors and the trademark legal risk caused by related transaction between the listed companies and related subjects. The second is the external institutional reasons of the listed company, including three parts that the rights conflict between trademarks and trade names, prior application rule and trademark applicable scope for approval.The fourth part is the trademark law risk control and prevention of a listed company. The author puts forward Suggestions from two aspects according to the survey data and the existing related trademark system. The first is the control of a listed company's own risk which includes three aspects: setting trademarks risk control concepts, making a decision about investment direction of intangible assets and control the trademark risk of the typical industry seriously; the second is the system construction of a listed company's trademark risk control which includes four aspects: Strengthening the listed company's information disclosure system, perfecting the system of trademark license and trademark transferring, establishing the "trinity" system of trademark protection and protecting the listed companies'trademark as well-known brands.