Research On Protection Of Trademark Variant Upon Use Principle

As products and propaganda enterprise culture, a new means of trademark variants more and more get the welcome of major Internet companies and media. Especially the electricity network, on the basis of the original registered trademark, registered text or graphics to change, or add images and date, in certain holiday promotion and business products and services, can strongly stimulate consumers of eyeball, rise to attract and retain customers. But that on the basis of the original trademark continuously changes and the use of innovative trademark is conflict with our trademark registration system, and the use of the original registered trademark more does not conform to the requirements of the regulations on the implementation of trademark law in our country. Trademark variant, hit the existing trademark system in our country, if it were geared to adhere to the registered trademark, enterprise and individual variation in the use of trademark, facing a serious risk. For trademark in China, such as the specification of use has strict requirement, even up to an administrative means and management through the administrative means the degree of market main body, the use of trademarks, if a little change, trademark rights people faced with by the competent administrative department for risk warning and punishment. Once again, the trademark rights person sustainable use change after the trademark variant, so its original registered trademark will face potential risk of three years not to use has been revoked. It is derived, and the use of the trademark variant does not comply with the regulations regarding the use of the trademark specification, and suspected violation of the trademark law, so that is good for development of market economy is faced with how to protect the trademark system and standardizing the problem.This article is divided into five parts. The first chapter, first analyzes the concept and characteristics of the trademark variant of causes of the trademark variant, in business the manifestation of a detailed analysis of the situation, then according to the use and effect of trademark variant, points out its violation of laws and regulations, why to our country existing trademark system so big impact.The second chapter analyzes the status quo of China’s trademark use, stating the trademark variant forms, which mainly exist in the industries and fields. Then analyzed China’s existing laws and regulations and the research, expect to find trademark variants can rely on the legal basis, to explore the status quo for protection of trademark variation at the present stage in China, or trademark variation there is in the list of banned, if prohibited by laws and regulations, so our country should be to open or continue to maintain the status quo, it also affects the enterprises in the trademark should be paid attention in the later propaganda and promotion use the risk control.The third chapter mainly analyzes the variation of trademark with the trademark system at the present stage in China exist the conflict of laws. First of all, our country is a registered national, so before an unregistered trademark variant is begin to use, so if you can through the use of the trademark rights, or the protection of the trademark law, if cannot get affirmative answer it will lead to the conflict between system of trademark registration and trademark use system. Second, the regulations on the implementation of trademark law in our country provides for joint terms of the trademark, the trademark holder in order to protect the surrounding the trademark rights of trademark, held by have will be similar to their own trademark or similar mark as a defense for registration of trademarks, if the country admits the trademark variant, whether does this in the future the trademark rights of people don’t need to joint through registration trademark, just by the original registered trademark changes after use, it can be a registered trademark of similarities and approximate trademark protection, so such a situation to the existing trademark system will bring what kind of impact. Third, is the most common and most severe point, namely the use of trademark variation, is a registered trademark of the original change, this approach does not comply with the code for the use and management of the trademark in China on the provisions of the trademark use. If you can’t breakthrough the limitation of trademark specification to use, so the trademark variation law protection will be stillborn, even start may not exist, to a series of legislative and judicial protection advice is impossible.The fourth chapter is mainly based on the above analysis of three chapter gives advices on its own legal protection. Suggest the use of appropriate trademark in China obtains the system, the emergence and development of trademark variants have a piece of soil temperature, promoting China’s system of trademark in line with international standards and the development of economy. In addition, according to the determination of trademark distinctiveness and differentiate between trademark variants and new logo to develop brand standard for judging variant, can protect the trademark variants, as well as the use of the trademark to strict supervision, so as to achieve the best of both worlds of legal and social effects. Finally, this chapter through the protection of trademark variation rules formulated, variations in the trademark system and protection system of trademark make trade-offs, to choose better protect the interests of the trademark holder and saving the cost of trademark holder system, simplify the complexity of the judicial, promotion law and the development of the economy.The fifth chapter aims to draw up specific legal advice, a recommendation of trademark variant protection rules. Different laws in our country’s current system of trademark protection applicable relationship between, and defects in the legislation, and carding the current legislative proposals, on the basis of this, advances some Suggestions on the improvement of the three aspects. First of all, set for trademark variant independent clause in the trademark law, clear its decision rules form and substance. Second, changes in the field of trademark law conflicts with the protection of trademark variation rules, for trademark variants provides a warm the soil. Finally, explain and analysis the benefits which the establishment of trademark variant system providing.