On Geographical Indications And Trademark Conflict And Coordination

JinHua ham case in ZheJiang is the first typical case about geographical indication trademark conflict with the general trademark right. Since then, the conflicts about them get intensified. According to the"PRC trademark law", the relation between geographical indication and trademark is: Names of administractive divisions above the county level or the foreign place known to the public cannot become a tramemark. However, if the name has other meanings as a collective marks or a certification mark, it can become a tramemark.Registerded trademarks continue to be valid.When Geographical indication and trademark get conflicted, it has following forms: First, the prior registered trademark and geographical indication granted in the latter get conflicted; Second, looking foreword to geographical indication and prior trademark rights get conflicted; Third, well-known marks not registered as trademarks or geographical indication are faked; the last, the general right of trademark and geographical indications get conflicted. The reason why geographical indication and trademark get conflicted is as follows. Firstly, the two functions are similar to the right of property, and they belong to the same identification signs; secondly, negligence and lack of management of trademark , the concept of intellectual property get weak ,make the geographical indication and trademark get conflicted. Thirdly, the inconsistent law gets problems left by history. Frothy, a huge driver of economic of benefits lead to abuse of the right.To handle conflicts between the rights of geographical indications and trademark, we should follow the following concepts. Firstly, equal protection by law; secondly, respect for history and promote to the balance of rights and obligations; thirdly, people should have good faith; in practice, in order to get a better coordinate between geographical indications and trademark, we should follow the following suggestions. Firstly ,geographical range of other operators on proper use should not be prohibited and restricted ;Secondly, right to use the geographical indication in the use of names of people should be limited accordingly ;Thirdly ,the use of trademark names are mainly embodied in the rules significantly ,and the use of geographical indications is mainly indicative and general reasonable.It is very important to handle the conflict of geographical indications rights and trademark. Firstly, it is important to the maintenance of Chinese socialist market economic order; Secondly, coordination between the two rights conflict is conducive to better resolve conflicts and maintain transaction security; thirdly, coordination the rights of the two are conducive to better protect the legitimate rights of the relevant rights holders.