The Brand Concept Of Trademark And The Structure Of Trademark Law

Traditional trademark law theory can not be clearly defined, the owner of thetrademark rights should be protected to how the extent of the right holder may prohibitothers from using the trademark to what extent, Therefore, reverse counterfeit, protectionof famous trademarks delay lag behind the market changes. I would like to take the brandtheory of trademark law, to give trademark law theory and practice to build another road,tell the reader trademark rights, and trademark rights should be protected to the extent towhich the trademark law more in line the brand information age, as well as the rapid socialand economic development. This paper describes a new trade theory, concerned about thebrand and its functions. So far, no one has pointed out that trademark law should focus onthe brand, rather than the trademark.The brand concept to start from the Trademark Law, First of all, the exposition of thebrand concept and importance of brands, summarized the concept of a brand, that all thevalues of the brand trademark, trademark brand mission is protection. The second part ofthe further sum under the trademark brand concept is a carrier of the brand value andbrand interests, trademark feature is also due to the concept of brand development toadvertising, trust, language, values outside. As a result of this development makes thetrademark of the object type will expand, the reality of many new types of marks shouldbe protected by the Trademark Law. The third part of the Trademark Law emerged inrecent years the field of new problems, including inverting confusion, reverse passing theinitial interest confusion, after-sale confusion and dilute to conduct a comprehensiveexposition. These new problems is not a trade mark there, but with the trademark role isconstantly enriched, trademarks play a role in the business growing, meaning more andmore important in the lives of consumers only gradually appear. Behind a common reasonis that they have damaged the interests of the corporate brand. The only departure from thepoint of view of the brand concept, to analyze the problems of the field of trademarks, inorder to better understand the mission of the Trademark Law, in order to avoid trademarklaws ambiguity and uncertainty in the legal practice in order to better protect the brand, toachieve the mission of the Trademark Law.