The Research Of Legal Protection For The Nickname Of Trademark

The nickname of trademark refers to a customary name called by the publics,and is used by the publics to distinguish merchandise sources. As there is no clearprovision about the protection for the nickname of trademark in current TrademarkLaw of China, so there is no standard could be applied in judicial practice. Also,there are huge disputes about theoretical research for the nickname of trademark inprotection. At the same time, the academia has different views on these issues. Theresults of such similar cases are very different, it is badly hurt the unity and authorityof judicial practice. So, with the further development of the process of the law, theoccurrence of such cases must be bound to further enhance. Therefore, it is necessaryto conduct some researches on the nickname of trademark. Before constructing thetheory of the protection of the nickname of trademark, we must make sure itsconditions for Trademark Law: first, the nickname of trademark must be commonlyknown and uniquely referred; second, they must be independently used,commercially used, true kindly used in China and distinguish merchandise sources.In current trademark legislation in China, if the nickname of trademark is inaccordance with the condition of Trademark Law, we can make use of the registeredtrademark protected mode, the unregistered trademark protected mode and theapproximate trademark protected mode. If the nickname of trademark is inaccordance with the condition of Anti-unfair Competition Law, we should make useof the special name of famous commodity protected mode and the anti-unfaircompetition protected mode.