Legal Issues Caused By Wechat Trademark Case

WeChat trademark case verdict caused widespread controversy. The reason is that it is occurred in the era of rapid development of the Internet, and the wechat is a rapidly growing popularity, it is a technology products which people contact with very deep, and it is closely related to people’s lives. And based on the particularity of software of computer technology, which is the traditional way to promote trademarks are the distinction, which is one of the causes of the Judgment controversy.It is well known that the basic function of a trademark is to identify, it can prevent consumers confused, reduce consumer search costs and the protection of consumer rights and interests, Focus of debate WeChat trademark case is that the one apply first, and the other after use, and create a huge commercial interests. The court held that if you want to let the latter changed its name will make consumer confusion so as to affect the public interest. Judgment on the grounds that the terms of the adverse effects of the Trademark Law Article X of the expansion to the public interest, thus breaking the fundamental principles of the prior applicatioa In this paper, the focus of the dispute case, the concept of the earlier application of the principle of analysis, the advantages and disadvantages and deficiencies of the legislation analyzed;Secondly, through the "adverse effects" clause and the public interest analysis, through the demonstration of these two aspects, I believe that Tencent Wechat changed its name does not give consumers the impact, we should adhere to the basic principles of trademark law. Finally, come up with strategies to solve similar cases. First of all, it should improve China’s trademark registration system, we can learn from the excellent experience of the United States which through the Internet technology allows the review period be shortened trademark big hitSecondly, in recognition of the computer software product whether cause confused, it should be judged according to the characteristics of computer software products.