Preventions And Remedies Of The Generic Name Of Trademark

Trademark is invisible assets and powerful weapon of the core competitiveness of enterprises. It can enhance customers’ trust and loyalty for goods. It also can bring the vast great commercial value and benefits to enterprises, especially for the well known-trademark. In a sense a good trademark is the life of enterprise. We also can say good trademark is the foundation of survival and development of a enterprise Therefore it often is counterfeited by other people or organizations by different means because of its excellent reputation and the potential market influence, besides, If trademark holder has a mismanagement or improper use to trademark long, That maybe lead to trademark dilution, further it will degenerate into generic name of goods and will reduce the significance of trademark, Slowly trademark will lose identification and distinctiveness, and then its value also will be nothing. At this time the chances of revoking trademark will be very obvious. Losing the exclusive right to a trademark will cause vast loss for any enterprise. So a enterprise should often pay close attention to any changes related to own enterprise trademark during trademark design and use subsequently, and guard against the trend of generic name of goods caused by trademark’dilution. It is possible for anyone to apply for generic name of application as a registered trademark. If doing so, trademark will continue to create more commercial value for a enterprise.This paper mainly uses comparative analysis and methods of case analysis during writingThis paper mainly is divided into introduction, main body and conclusion. The main body is divided three chapters:The first chapter mainly deals with case introductions, trial and focus of controversy through "21SUPER-VITA" trademark infringement case, the second chapter mainly discusses the definition of generic name of trademark, reasons of trademark’ evolution into generic name of goods, performance and its consequences, comparative analysis of other related cases, the third chapter is about avoiding the trend of generic name of goods caused by trademark dilution, and putting forward some suggests about improvement of trademark law on generic name of trademark according to rule and regulation towards generic name of trademark at home and abroad.Thoughts in the last section are hoped to be helpful for the elicitation related to juridical practice and theory of generic name of trademark later.