Trade Names And Trademark Protection

As a result that current Chinese legislation in relation to the common name ofcommodities is oversimplified, a serious problem has been arising—it is difficult toidentify the common name of commodities in the cases of infringement upon trademark.Different from trademarks, the name of a kind of commodities has been taking shapeduring a long process of use, or has been established by users through long socialpractice, which means that the common name of commodities cannot be registered astrademark. Nowadays, as for the high-speed development of commercial industry, moreand more merchandisers appeal for the protection of commercial mark. Supposing thatrelated legislation or judicial interpretation could not be established as soon as possible,it would affect the right of the interested parties, which might finally impose restrictionson the innovation of Chinese intellectual property. What we have discussed above maydraw a conclusion that our government should try to raise the awareness about theprotection of commercial mark, and at the same time, it is urgent to put the protection ofcommodities’ name on our developing schedule by the way of perfecting andimproving Chinese trademark law.