Research On Secondary Meaning Trademark

Some rules about the secondary meaning trademark is first founded by English courts,and then is developed by the United States courts.Now,it has been not only the provisions of the Paris Convention and TRIPS,but also under the common law system in the world.The article takes the methods of comparison analyses and dmemonstration analyses,to discusse the basic theory ,applicable scope , judgment standard and fair use of the secondary meaning tradmark.Comparing the related regulations and practical experience of the secondary meaning trademark in other states, combining the current regulations of The Trademark Law and the Judicial Status in our country,to point out the problems of the secondary meaning trademark system, and providing some perfective advice ,which will have important practical significance.The article consist of five parts.The fisrt part is the summary of the secondary meaning,it mainly introduces the concept,characteristics of the secondary meaning trademark,and the relationship between the first meaning and second meaning .The second part is the theoretical basis of protecting the secondary meaning trademark,it mainly take three aspects of the essential attribute of trademark's distinctiveness,the legislative purposes of Trademark Law and the fairness and justice principles to demonstrate the rationality of protecting the secondary meaning trademark.The third part is the international legislation comparison of the secondary meaning trademark system.Firstly briefly discuss the provisions in the Paris Convention and TRIPS , then mainly discuss the related regulations and practical experience of the secondary meaning trademark in other states,to sum up the mature approach of applicable scope and judgment standard of the secondary meaning tradmark abroad.The fourth part is the legislation and practic of the secondary meaning trademark in our country. By means of discussing the current regulations of the secondary meaning trademark in our country,and analyzing the three typical cases of Little Sheep, Cabernet and The Red River, promulgate the problems and deficiencies of the second meaning trademark in our country,especially about the applicable scope,judgment standard .The fifth part is the system perfection of the secondary meaning trademark.This part unites the realistic needs and accessibility standards of trademark practice of our country,on the basis of referencing other states'advanced legislations and practical experience, to propose some legislation proposals about the secondary meaning trademark,which include establishing the legal adapt principle, perfecting the applicable scope, the judgment standard of descriptive marks and second meaning,and the fair use of the secondary meaning trademark.