On The Legal Protection System Of Business Logo

Business logo is a commodity or service is different from significant and uniquemerchandise or service marks of others. Along with the development of today’ssociety is increasingly showing a high degree of market-oriented, business identity inthe market competition and social life of climbing, and its role in productidentification function increasingly significant, when commercial logos graduallyfilled and influence When our daily lives, the importance attached to the goodwillvalue of its own are increasingly prominent. In the context of global economicintegration, China’s rapid economic development, market competition heating up, notonly to identify the commercial market players positioning themselves in a shortperiod of service or merchandise, they can do to make the kind of services or goodssatisfied consumers to use or buy it, so as to stabilize the market economic order. Atthe same time, some market players in order to obtain high profits in a short time, theuse of commercial logos imperfect legal regulation, is not uniform, using a variety ofimproper means to harm the legitimate rights and interests of the existing commerciallogos such infringement or rights conflict behavior makes business logo itself containsinclusions price was severely damaged, and thus cannot protect the legitimate rightsand interests of consumers, undermining the market economic order benign andhealthy development.Protection of rights and interests our business identifies both positive andnegative aspects of the main points: a single law and related trademarks, mainly fromthe perspective of a reasonable access and use of the positive identification ofbusiness regulation, such as the "Trademark Law","business name registration andmanagement approach"; while "anti-unfair Competition Law "is to protect thelegitimate interests of business from a negative perspective of identity, that is, by wayof prohibition and relief role of played fallback. However, with the rapid developmentof market economy, business logo infringements increasingly innovative and diverse, leading to the trademarks of the limitations of a single law to produce, which showsthat, to improve the "Anti-Unfair Competition Law" legitimate business logo protectthe interests of the necessary rationality in order to adjust the rights of the conflictunder our existing the competitive environment business logo.Besides foreword of this article is divided into four chapters, the first chaptersummarized the basic theory expounded business logo, business logo on the basicconcepts of the legal characteristics, and the main reason categories of violations havebeen described; The second chapter analyzed the typical case, legislation on the statusquo of China’s commercial legal protection to identify the problems and to describeand demonstrate; the third part describes the main reference system for foreign trademark protection and analyzed to derive business identity protection system of nationallegislative reference; in the fourth discussion, the present situation of our country, tobuild a more reasonable and perfect business logo propose measures to improve legalprotection system, mainly from the establishment of the basic principles, to improvethe "general terms", set the escape clause, and to improve the legal liability provisionsof these four aspects put forward reasonable measures to establish a morecomprehensive system of legal protection business logo.