Research On The Relief Of The Rush-registration Of Trademark Nicknames

"Trademark Nicknames" as a new phenomenon in recent years got a lot of attention by academics and social public opinion.The verdict of the recent several representative trademark nickname cases illustrate that the fundamental problem about trademark nickname has not been cleared, commonly known as the theory of trademark nicknames research still in its infancy.This paper starting from the causes and social impact of trademark nickname, compare commonly known as the trademark nickname with the trademark and goodwill, in order to realize the essence of trademark nickname.In addition,what is the the theoretical basis for the protection of trademark nickname, there are many different viewpoints.The author combing to the current on this mainstream views, and discussed the correlation between the mainstream views.Then comparing the protection scope of "exclusive right to use trademark" and "the right to use the trademark",in order to determine the scope of the protection of the trademark nicknames.Then,coming American related trademark nickname cases as reference,combined with the “public use rule” and the relevant defense rules for judicial practice in our country.Finally,put forward some suggestions for trademark nicknames remedies under the existing legal framework,in order to afford reference for the theory and practice circle.In structure,this paper is divided into three parts:The first chapter:Theoretical analysis of trademark nickname and the behavior of malicious cybersquatting.The basic issues such as the definition, category and other basic issues of trademark are not yet clearly understood, and the basic problems of many trademarks need to be further discussed.The essence of trademark nickname is the same identification of the source function.The author believes that the trademark nickname is not only derived from the original trademark of the text elements, also can from the name of well-known commodity, so this chapter will summarize the existing trademark nicknames and re classification.In addition,this paper starting from the causes and social impact of trademark nickname, compare commonly known as the trademark nickname with the trademark and goodwill, in order to realize the essence of trademark nickname.The second chapter:The current situation and necessity of the protection of trademark nickname.Trademark nickname is created by the social public,the producer can deny its existence,whether there is legal protection necessary?We can see a different point of views from the results of the existing representative cases. The author think that the existing judicial regulation path is not accurate enough,the reason lies in the lack of consideration of the necessity and the theoretical basis for the protection of trademark nickname,the last two sections of this chapter will discuss these two issues.The third chapter:Legal regulation suggestions about trademark nicknames protection in our country.Trademark nickname loading the goodwill of producer, the same identification of the source function,it is necessary to protect.Our current law does not explicitly to protect the trademark nickname, the scope of protection of trademark nickname is not so clear.Then comparing the protection scope of "exclusive right to use trademark" and "the right to use the trademark",in order to determine the scope of the protection of the trademark nicknames.Trademark nickname can be divided into two categories,in order to better choose the regulatory path:According to the source,the trademark nickname can be divided into “Literal elements” and “Non literal elements”,then applicable trademark law and the anti unfair competition law in accordance with the classification.When the trademark law and the anti unfair competition law can be applied at the same time, the trademark law as a special law is preferred.When the trademark law and the anti unfair competition law can not be applied at the same time,then "Objective connection rules" can be applied.Then,coming American related trademark nickname cases as reference,combined with the “public use rule” and the relevant defense rules for judicial practice in our country.