Discuss On The Legal Protection Of Trademarks Of Geograpbical Names

Currently, the development of the society very quickly, the proceeding of the rule of law in our country is also moving forward in constant, but there are still many system has deficiencies, it needs to be set up and improve. About the provisions of the trademarks of geographical names in China’s trademark law is not much, the basis of theoretical research is still very shallow.In judicial practice, there are many conflicts between the geographical names with the characteristics of the interests of public resources and trademarks of geographical names with the private rights, so there are some high-profile geographical names have been registered and hawked.Due to imperfect legal system, the judge to have their own value orientation and understanding, lead to diverse results, case processing standards of judicial practice in the handling of this problem is different.So the trademarks of geographical names is one of the most controversial issues in trademark law. This article mainly revolves around the following issues were discussed.The first aspect is about the concept of trademarks of geographical names.The second aspect is the research on the possibility of the registration of trademarks of geographical names.The third aspect is about the trademarks of geographical names conflict with the rights of other marked.The fourth aspect is the exploration of rational use system of trademarks of geographical names.Explore the theoretical basis,the constituent elements and the recognized standards of the rational use of trademarks of geographical names.The last aspect is about the improvement of the system about the legal protection of trademarks of geographical names,there are some problems existing in the registration system and the rational use system of trademarks of geographical names in our country,I address these issues and defects, and made a number of recommendations.In this article, through analysis and research the content of the above several aspects, in order to be able to benefit in the theory of China’s trademark law, the legislative and judicial practice.