Study About Rightholders Of Trademark In China

In the context of shortage of social resources, trademarks which are products of the modern economic society, are becoming more and more important all around the world. The trademark subjects, as the dominant players of series activities about trademark registration and usage as well as the undertakers of trademark rights and obligations, play a significant role in the field related to trademark. Therefore, a clear and specific legal provision is of great necessity in order to regulate their behaviors. Only in the circumstances that there are clear legal provisions stipulated for the types of trademark subject, match conditions and the alteration of rights and obligations incurred by change of trademark subjects, can trademark play a great role in the social economy, better guarantee the interests of trademark subjects and the consumers, and form a well-ordered business competition. Now the regulations about the trademark subject vary in different countries, there are no unified standards or specifications in this field. While the main legislative provisions on trademark abroad still could act as references for the legislation and judicial practice in China. Until now, no scholars at home have given systematic and detailed researches on trademark. And we just have some scattered and immethodical viewpoints. Scholars in China should be fully aware of the importance and necessity to regulate the qualifications of the trademark subjects in details through provisions, on the basis of the main types about the trademark subjects, clarifying the match conditions of each type, and discussing the issues related to alteration of trademark subject and its transfer as well as inheritance. Then provide legislative and judicial recommendations from the perspectives of theory and practice to guide the trademark activities to proceed in an orderly manner.