The Study On Registration And Protection Of Name Trademark

With the development of Chinese economy, many legal problems relating to name appear, among which the trademark of name is typical one. The trademark of name has long history but the related rules appeared only dozens of years ago. It 's one of trademarks, but it has many different characters in registration, use, protection and so on. so it is of important significance to research into the trademark of name .This paper is divided into five parts on the trademark of name. The first part summarizes its origin and development , then introduces the meaning, characteristic and economic value problems of the name trademark. The second part analyses the foreign relevant provisions about name trademark, including the United States and some civil law countries. The third part discusses the registration of the name trademark , such as the obtainment of the second meanings and the conflict between the name trademark right and the right of name, in which analyses its reason , judgment factors and the solution on this conflict. The fourth part discusses some special problems of the name of trademark protection, such as the malicious registration and the problem of fair use. And The final part offers several proposals to perfect the the name of trademark.Now the name of trademark still hasn't been protected under the Chinese Trademark Law, for this, we should establish its legislation protect and review mechanism so as to improve the name trademark protection system better.