The Positioning Of Goodwill In The Protection Of Trademark Rights

Trademark is a kind of medium operator used to deliver goods, services information, and is the guidance when consumers choosing products. For both operators and consumers, trademark is very important. The function of the trademark is to distinguish the source of goods or services, advertise and set up enterprise reputation. And the essence of the trademark is to distinguish the specific symbols of certain goods or services.Significance is one of the important values of trademark protection, but for production operators, the trademark is not only a tool used to identify and distinguish different products, but also the carrier of goodwill value. So the task of trademark protection is to ensure that not only the trademark of significant value from illegal use or abuse, but also to protect the trademark value of goodwill from using process produces. Trademark use is an important part of trademark protection.The goodwill will be generated in the Operating process of a product or service.Then it will be carried on different carriers such as the trademark. Goodwill may affect the value of the trademark at any time during the trademark rights changing. Goodwill also should be the measure of brand value in trademark infringement cognizance and punishment. Now the world is divided into two systems in terms of trademark protection: "Trademark registration acquisition" and "Trademark application acquisition", China is the former. "Trademark registration acquisition" can guarantee trademark rights of efficiency. But it does not mean the trademark use is not important. Instead, ignoring the role of the trademark use may cause "excessive note" and other abuses. There are advantages and disadvantages of two kinds of system, So many countries are transforming to both hybrid system. Through the analysis on the relationship between the goodwill and trademark protection, the author deem that goodwill is the essence of the trademark protection value, use of the trademark is the foundation of trademark rights and protection. The importance of the goodwill arising from the use of the trademark can't be ignored when our country adopting the protection mode of "Trademark registration acquisition".In this article, through defining the legal relationships between trademark and goodwill, I analyze the goodwill influencing factors in the trademark rights acquisition, changes and the processing of disputes. Come to the conclusion: significant value is the form value of the trademark protection; the goodwill is the essence of the trademark protection value. Trademark protection should be established on the basis of the trademark use. In the treatment of goodwill value orientation, first of all, the author analyzes the different concept of national trademark rights protection legislation and regulations. Then the author analyzes the judicial practice. At last, the author discusses present situation and existing problems of trademark rights protection system in China, and puts forward some countermeasures to improve the current situation.