The Research Of The Trademark Users’ Protection System

The use of the trademark licensing system is an important institution in the vast majority of countries.The provision of paragraph1of Article40of the Trademark Law of China says: the trademark registrantmay authorize others to use its registered trademark by signing a trademark license contract... This can beregarded as the reflection of the use of the trademark licensing system in the Legislation of China.According to the relevant provisions of the Trademark Law, Contract Law and the judicial practice in China,we can easily come to the conclusion that the trademark owner and the trademark user agreed clearly on thedeadline of the use of the trademark when the trademark license agreement is reached. After the expirationof the license period, the trademark owners have the right to withdraw the trademark. This shows that thetrademark law about the value orientation to protect the user’s right and its specific provisions are justone-sided protection of the rights of the trademark owner. But there is not enough attention to thetrademark users’ interests protection. Just because out of the use period, to sacrifice the users’ huge expenseis not comply with its legislative purpose to protect the interests of consumers and producers, operators,and promote the development of the socialist market economy, so we should reconsider the reasonablenessof the protective institutions of the trademark users.Trademark license is conducive to the expansion of trademark influence, increase brand awareness,promote new technologies, meet the demand of the market and promote the foreign trade. Currently, manycommodities have the trademark license relationship, like Wanglaoji, Coca Cola and so on. It is because ofthe existence of the trademark licensing system. The value of trademarks is created by the owner or the useror may be provided by the two sides together. It is foreseeable that the trademark license and the values ofthe trademark created by different subject will be more common. Ultimately it is decided by the limitationof trademark recourses. Words are the major part of the trademark, but words and their permutations andcombinations are limited. Meanwhile, trademark law pursues the approximation protection principles.Users, who use the same or similar trademarks which are registered, may be deemed an infringement. Withthe continuous expansion of the number of registered trademarks, users want to register satisfactoryidentification as a trademark is not easy. In this case, the user is likely to reach a licensing agreement with the owner of the trademark, not for the user communities’ time fame, but the actual needs of the corporatebrand strategy promotion. So, it is not only an urgent need to solve the problem of intellectual property andcultural construction as well as commercial and cultural development process, but also a manifestation ofsocial fairness and justice to explore the protection of the interests of the users of the trademark, or designuseful related systems to realize all-round protection of the interests of the users, prevent to repeat caseslike the commercial tragedy of the JDB Group "’Wanglaoji" Change the undesirable phenomena "valuetrademark registration, too much, underrate the use of the trademark; value the quantity of the trademarktoo much, lightweight its quality".Based on the above considerations, this topic is going to talk about the interests protection of thetrademark users, think to perfect the system of the interests protection of the trademark users and balancevalue creation and benefit-sharing between trademark owners and the users to promote the use of thetrademark license benign operation.This paper is divided into four parts. The general idea is to "create value-benefit-sharing". That is,after the termination of the trademark license agreement, how to balance the administrative procedures forthe registration of trade mark rights and the goodwill arising from the market due to the users.The first part, after a brief introduction of the concept and type of the user of the trademark, the topicwill be brought by Wanglaoji trademark disputes. That is to introduce the trademark license status quo injudicial practice and analyze the reasons from the interests and risks of trademark licensing.The second part, through the review of Wanglaoji trademark disputes, this part analyzed the reasonsof the damage on Jiaduobao from two aspects of internal and external cause, and to lay the foundation forthe design and research on the user of trademark protection system below.The third part is to analyze the value-oriented of trademark law on the protection of the user of thetrademark, comment the specific provisions of the domestic and international trademark laws and discussthe balance of a registered trademark rights due to administrative procedures and the goodwill rights frommarket useThe fourth part is to point out that the lack of the user of the trademark protection system in thecurrent Trademark Law, put forward some suggestions to Improve the user of the trademark protectionsystem like the priority of the users, how to deal with the related products after the termination of the license agreement under the principle of good faith, the trademark value assessment and value-added returnand try to discuss about the recommendations on trademark licensing attempt to explore the two sides onthe use of the license term, as well as bilateral cooperation mode.