The Study On The Limit Of Trademark Right

As the degree of commercialization developing, trademark is playing more and more important role in the society as a tool to recognition and distinguish the source of commodity.The commercial society brings new concept,new creativity,new rights and interests.and new use mode of trademark.On the one hand,the trademark holder has more profound consciousness of right.on the other hand,more and more diversified rights and interests content of public come out.The developing of the scope of trademark right and the rights and interests content of public leads to the conflict.And the solution of the conflict is the limit of trademark right.The fist section of this article.discusses the basic components of the limit of trademark right.lt defines the limit of trademark right,and finds the legitimacy in the legal theory.Then find out the core interest of the trademark right by discussing the natural function of trademark.and find out the scope of public interest by analysing the relationship between the obligee and subject of public interest.The balance their interest to find out the demand of the limit of the trademark right.The second section of this article discuss all kinds of rules of the international treaty and foreign laws about the the limit of trademark right.The rules about the limit of trademark right are few though we find in large scope.And these rules are not enough to the limit of trademark right.So there is a large blank needs to fill up in the law.The third section of this article discuss the rules about the limit of trademark right of our country.The rules of our country about the limit of trademark right are also very few,so that we need more rules about the limit of trademark right.The fourth section of this article discuss the exert of the limit of trademark right,there are many cases of the limit of trademark right while the rules about is so few.This section try to classify the cases of the limit of trademark right,and summarize the basic requirements of the special type of the limit of trademark right to suggest legal activity and legal juridical practice in our country.