A Study On The Legal Protection Of Goodwill Of Commercial Signs

Goodwill is habitual attract commercial subjects through legitimate business customer, this attracted the goodwill main competitive advantage in the market. Accordingly, the goodwill intangible property as a business, it should be protected by law. Goodwill itself is invisible, but you want to use, or the protection of the premise is to identify carrier through the commercial recognition of its value subject. Business logo must use in order to have the carrying goodwill attribute. Therefore, be within a certain range of commercial identification he played for the legal protection of exclusive must to use the premise.Passing-off is a kind of market confusion of others commercial sign to take advantage of the goodwill of others to seek illegal interests acts of unfair competition. Trademark Law of China has not directly from the front to protect the goodwill of the owner of the trademark is not registered, their prior rights protection is actually a registered trademark correction doctrine. Therefore, there was no goodwill damages for infringement of unregistered trademark rights to compensation in accordance with the relevant provisions of the Trademark Law. Antidilution special protection of well-known trademarks goodwill. Well-known trademarks will be able to evoke some kind of psychological feelings in public, rather than simply linked to and what kind of goods. In this sense, well-known trademarks has created some kind of symbolic values and culture.The legal protection of goodwill for the commercial sign, our current legislation there are still many deficiencies. Counterfeiting legislation main problems are: counterfeiting object narrow range, the lack of rights, conflict resolution specification, provide for confusion is incomplete, imprecise, and the protection of unregistered trademarks. Anti dilute the existing problems in the legislature and the judiciary is the lack of a comprehensive and systematic understanding of the real value of the dilution theory and purpose, the well-known trademark does not meet the standard anti-dilution purposes, not clarify the confusion and dilute the relationship between, and the lack of unregistered well-known trademarks to take anti-dilution protection. To compensate for these shortcomings, the author on the basis of existing rules and regulations to study and learn from international and foreign presented with some innovative suggestions and ideas.