"Secondary Meaning" Trademark Issues To Explore The Legislation

In today’s social economy rapid development, business competition is increasingly fierce. Brand, though only a commercial symbol, but because you can identify the goods or services on the market from different sources, and is called the "commercial war weapon". Trademark distinctiveness means it can have different features where goods or services is come from. So a trademark may only have significant after approval of relevant departments, which is recognized and protected by the law. The trademark of significance in theory according to the different sources is divided into inherent distinctiveness and obtained significant. The former refers to can be directly through a sign to distinguish the goods or services from different sources; The latter refers to a trademark for "secondary meaning", namely originally does not have the difference between descriptive label, the characteristic of source of goods or services through the use of a long time and after the publicity for the narrative meaning outside of itself, can obtain the new meaning of meet the requirements of law for trademark protection. Won the "second meaning" descriptive label, in the law known as "secondary meaning" trademark.Based on practice, through to the story about "secondary meaning" trademark infringement case analysis, and draw out "secondary meaning" problems and the right to limit the scope of the trademark, combined with China’s new trademark law and the European Union, the United States about the "secondary meaning" trademark legislation and practical experience, on how to perfect our country "secondary meaning" trademark law regulation put forward its own proposals. This paper is divided into three parts to discuss:The first part, the basic theory of "secondary meaning" analysis. Based on the latest piece of "secondary meaning" trademark infringement cases "sip spoon-feed sip feed v’s regiment" summary, analysis of "secondary meaning" trademark application value in the judicial practice and the practice of protection problems. This paper mainly introduces the concept of "secondary meaning" trademark, characteristics, properties, and to protect the basis of the legal systemThe second part-comparison analysis. Introduction to the European Union and the United States about the provisions of the trademark "secondary meaning" rules, and the current our country to deal with "the second meaning" trademark issues in judicial practice. Through the analysis of the legal protection of trademark "secondary meaning" purpose, the judicial practice at present, the concrete implementation to discuss further on "second meaning" trademark in the process of the legal system to protect existing defects and the reasons of the existence of defects.The third part, perfect our country "secondary meaning" trademark legal protection. The basis of the above analysis, put forward to perfect the "secondary meaning" trademark legal protection Suggestions, including establishing principles, improve the applicable scope, to protect the rights of fair use, limit expansion.