The Identification Of Generic Name In Trademark Verification Suits

In the use of trademark, once there appears a dilution of its usage, it confronts a danger of being identified as generic name. In the disputes of trademark right’s verification, the identification of generic name is not only time-consuming, but also has various kinds of uncertain dimensions. This poses great inconvenience to both the judicial judgment and the corporate intellectual property protection.This dissertation studied the cases of identification of generic name in the past 15 years. Through detailed analysis, it comes to the conclusion that, in the judicial practices of identification of generic names, it must take four criteria: national and industrial standards, time standards, regional standards and relevant public cognitive standards into consideration.By analyzing these four above standards, this dissertation puts forward the operating rules for the identification of genetic names, i.e., basing on the region to determine the relevant citizens, and then takes the cognitive standards of relevant citizens as the main factor in the identification of genetic name; basing on the time to determine the national and industrial standards, and then adopts the national and industrial standards as the supplementary factor in the identification process. Ultimately, it summarizes that, using the trademark properly is the very effective way to prevent the transition of trademark into generic name. This dissertation divides into four parts.Chapter one, an overview of generic name, analyzing the concept, categories, and sources of genetic names, mainly interprets the study object of this dissertation.Chapter two, the legislation and practices of generic names. This chapter sums up the pertaining rules of generic names in laws, regulations and judicial explanations, then analyzes the overall situation of the identification of generic names in the judicial practices, and draws out the four criteria for the identification of generic names: national and industrial standards, time standards, regional standards and relevant public cognitive standards.Chapter three, the criteria for the identification of generic names. This chapter interprets the four criteria mentioned in the second chapter, and presents concrete operational rules for the application of these criteria, in hoping of offering substantial help for judicial practices.Chapter four, the prevention of trademark changing into generic names. The difference between generic name and trademark lies in their significance. To use the trademark properly is the very effective way of protection the significance of the trademark.