The International Protection Of The Trademark Rights

The trademark is not only a mark of goods and business services, but also take important role of the special interests of businesses and the rights and interests of consumers. Therefore, almost countries’legislation attach great importance to the protection of trademark. But due to the trademark rights is a kind of intellectual property rights, it has strict locality which means that the trademark which is registered in one country will be only protected by this country’s law, and, if the same remark was registered in another country by other people, then the remark will not be used in this country, if you want to use, you must pay high licensing fees. Because of this, the problem exits that one trademark needs multiple registration which means that if a trademark registered in one country wants to be protected by another country’s law, it needs a new registration in the second country. It is based on the characteristics of trademark rights, in order to simplify the procedure of trademark registration, save the cost of the trademark registration, international treaty on the international protection of the trademark rights arises at the historic moment. According to the provisions of the relevant international treaties on the protection of trademark rights, if the trademark rights owner want to own trademark legal protection by many countries to safeguard their monopoly interest, then just need simply to provide a request about the protection of trademark rights to international organizations, and attach themselves to apply for registration of the trademark registration country name, pay fees, once the application for trademark registration has been approved, then the application for registration of trademark in the applicant shall be protected by law.Not only that, the international registration of trademarks of the international treaty also provides a better platform for trademark infringement relief. Growing rapidly, however, the commodity circulation is more and more quickly, the economic complementary continuously strengthen, foreign trademark infringement cases increase frequently of today, as a large population of trademark power, our country’s enterprises’ and social organizations’ level on the international protection of the trademark and the advantages of the importance of cognitive is not high, the trademark law in our country still has many places need to be further perfect compared with the relevant provisions of the trademark international protection, our country government are usually lack of role in the international protection of trademark rights and the international cooperation in the international protection of the trademark also has much to be desired. It is based on the above reasons, the thesis is titled on the international protection of trademark rights, hoping to be helpful to the international protection of trademark in China by putting forward my views on which aspects should be strengthen the international protection of trademark rights.Full text in addition to the introduction, mainly includes the following four parts:The first part, this paper discusses the origin of the trademark international protection and international law origin. International protection of trademark rights has experienced from be protected according to the domestic law ,gradually transition to according to the international law, the process of multilateral international protection of trademark rights, also has experienced a process of gradual evolution with the development of international politics, economy and culture, Specifically, international protection of trademark rights is the result of the rapid development of international economy and frequent exchanges of international trade, prompting countries begin to bilateral treaties and multilateral treaties to protect the right of trademark in the outside and the other countries’trademarks in their own country, which is gradually formed a legal system of international protection of trademark rights. Trademark protection of international law origin mainly includes:the protection of industrial property Paris convention, "the Madrid agreement concerning the international registration of marks and the protocol, the treaty of trademark registration, trademark registration, nice agreement, with the international classification of goods and services, the trademark graphics international classification of Vienna agreement and the agreement on trade-related intellectual property rights, etc.The second part, we take a comparative study of the international protection of the trademark. In view of the legal source of the trademark international protection, this paper selected the Paris convention and the basic principles of the TRIPs agreement, China’s trademark law and international conventions related to the protection of trademark in the comparison with the Madrid agreement and the comparison of the Madrid agreement protocol, because the above conventions and agreements not only haven taken effect, and have great influence in the international protection of the trademark, they have their own characteristics. The paper tries to provide material and explore experience to further perfect our legislation and practice of the international protection of the trademark through the comparative study reveals the above treaties or agreements on the trademark rights protection, the basic characteristics and advantages.The third part, analyzes the present situation and existing problems of the international protection of the trademark. In recent years, along with the improving legislation to protect the trademark rights of our country, in judicial practice also increases the law enforcement and judicial power to crack down on all kinds of trademark infringement, the people’s trademark rights protection consciousness also obtained the unprecedented increase, and we has become a worthy of the name brand power. But in the international protection of trademark rights at least exits the following problems:the trademark rights protection legislation is precise and meticulous; the government role in trademark international protection often absent; enterprises and social economic organizations active in trademark international protection and associated rights and so on also does not reach the designated position; international cooperation in the international protection of the trademark is also not perfect.The fourth part, the paper expounds measures of perfecting our country’s trademark international protection. In the further time, we should take the following measures to perfect the trademark international protection: further consummating the laws and regulations of our country trademark international protection; strengthening government’s responsibility in the international protection of the trademark; improving the trademark international protection of judicial relief mechanism; giving full play to the enterprises and other social economic organization in the role of the international protection of the trademark; we will strengthen the international exchanges and cooperation in the protection of trademark rights. Only in this way, can we make the trademark rights owner’legitimate rights and interests effectively be protected by law, and play a trademark in the role of commodity production, circulation and consumption.