Legal Thinking On Jin Junmei Trademark Dispute

Jin Junmei trademark dispute which lasted for six years went to an end with the finaljudgment of Beijing Higher People’s Court made in December last year. Jin Junmeitrademark dispute went on for six years in the country and it caused a huge reaction andacademic debate.After clarifying basic facts of the dispute, the author used case analysis method todiscuss the debate. Based on the specific background, this thesis aims at focus of thecontroversy, which is whether “Jin Junmei” can be treated as a common name or it can beregistered as a trademark. This article holds this view, prominence of a trademark isdetermined by five principles, and they are: first, the combination of goods and servicesidentified principles; second, combining the principles for determining the relevant public;third, the actual use of recognized principles; fourth, overall recognized principles; fifth,consider the principle of public interest.Jin Junmei analyzing the focus of controversy trademark dispute basis to further delveinto the reasons of the case occurred, including games and conflicts between the executiveand judicial remedies remedy individual and collective interests of the two sides.In the last part of the thesis, the author tried to discuss the solutions and revelationsabout this case. Firstly, the paper put forward solutions to solve the dispute. Geographicalindication can counterpoise individual interests and collective interests, and teacompanies’interests can be protected. Secondly, the author discussed recognized standardsof generic name. After analyzing Chinese standards to identify common name andcomparing different standards between in china and other countries, the author advocatedthat we should reference foreign advanced system and formulate our judging standards;judicial interpretations released by Supreme People’s court can be used to confirm thestandards. By exploring the generic name of that standard, both to resolve trademark disputes generic name frequently encountered problem of identification, provide animportant reference for Jin Junmei and similar cases, but also to solve the case of JinJunmei trademark disputes in administrative and judicial remedies for relief conflict issuesin the conflict to find a balance.