The Goodwill’s Ascription In Trademark License

In the first half of2012, which intellectual property case attracted the most attention would be the trademark licensing dispute case between ’wang lao ji’ and ’jia duo bao’. In this case,’jia duo bao’is permitted to use the brand of ’wang lao ji’and created a great reputation during the17years. However, the trademark license contract terminated abruptly arousing the dispute on goodwill. Despite ’the guang yao group’ had own the complete control of the’Wong Lao ji’trademark according to the judgment.About this result, the company of ’jia duo bao’ which has made great contributions to the brand of course cannot accept, and through proclaiming his ownership of the red tin tea packaging in the anti unfair competition law rights and advertising to remind consumers that substitute relationship between them. The dispute has caused a lot of discussion in the law field, there are different opinions among scholars. In the view of this problem has great social significance, this paper will be based on issues of trademark and trademark of goodwill, and find a way out for the problem of the goodwill’s ascription in trademark license.This paper uses the case about ’wang lao ji’ as the fuse to stir up the problem of the goodwill’s ascription in trademark license. It is divided into five parts:The first chapter mainly introduces the meaning of goodwill and its dispute in the legal filed, providing the basis for the following research, at the same time introducing the reason of arousing this problem in the system. The second part mainly introduces the status quo of legislation in goodwill and trademark license in the method of comparative study. The third part mainly introduces the status of the goodwill’s ascription in trademark license in China and its legal analysis. Separately from the licensor and licensee to analysis the rationality and deficiency of goodwill attribution of the parties. The fourth part mainly introduces finding the way of the goodwill’s ascription in trademark license, especially from the trademark license system to find out the solution of the goodwill’s ascription in trademark license.