Study On Geographic Name Mark

In China's Trademark Law Article 10, paragraph 2: "The names of Adminis- -trative divisions above the county level or the foreign place names known to the public, can not to be a trademark. However, the names have other meanings as a collective marks, certification marks, except part; already registered trademarks that use place names continue to be valid. "This provision is not consistent with the international practice, Firstly prohibit names which above the county level or a foreign place known to the public as a trademark,it is adverse to names below the county, and also inconsistent with the principles of trademark law; Secondly, the law did not make specific and reasonable judicial interpretation of the "other means" that gives tremendous difficulties in judicial practice. So,by comparison, analysis of domestic and foreign legal system, improve the legal system of trademark names were thinking comments. The article is divided into introduction, body and conclusion three blocks, the body is divided into six parts:Part I: Overview of trademark names, mainly analysis of the reasons why the names can not be registered as a trademark , citing the basic principles of names registered as trademarks in the United States, European Union and China.Part II: Comparison of observed trademark names, mainly of the United States, European Union and Japan on the legal protection of trademark names, By comparing the analysis, summarize the strengths and weaknesses of U.S. and European date, and put forward the views of what our country can learn from.Part III: the history of trademarks on the names, describe the names is a process from scracth by the main line of time. By analyzing the legislative provisions to analyze the intent of the legislator, and finally pointed out the gap between domestic and international legislation.Part IV: the legal framework of trademark law, This part made a more detailed interpretation of the Trademark Law Article 10, paragraph 2, From the perspective of law, although a registered trademark of names to take a more cautious approach, but still provides four exceptions.Part V: the deficiency of law. Prohibit the use of trademark names is contrary to principles of trademark law; It is unfair to classificate a trademark on the names of administrative divisions and non-administrative. Lacking decision rules of"Other means"cause great difficulties in judicial practice.Part VI: The Legislative proposals on trademark names, Provide the Legislative proposals to the problem involved in part five. Firstly remove names disable terms, secondly break the constraints of Administrative geographical names, lastly establish the "other means" decision rule.