The Study On Legal Protection For The Trademark Nickname

Trademark nickname dispute cases occurred in our country in recent years as a new-style case.The Trademark Review and Adjudication Board and different courts had different opinions on whether to protect and how to protect dealing with this kind case,so that some contradictory decisions occurred,which raised scholars' concerns about legal protection of trademark nickname.Scholars had different focuses,so that they had not yet formed systematic scheme.Therefore,it is necessary to study the legal protection of trademark.In view of this,the first part introduces the research significance,literature review,research method,innovation points.The second part explains the basic issues of trademark nickname,in order to make clear the specific content of trademark nickname and the protection value of trademark nickname.The third part studies the practice of protection of trademark nicknames in our country,combing the current protection ways of trademark nicknames in the practice as well as the dilemma of various protection ways.The fourth part studies the practice of protection of trademark nicknames in America based on the development of the public use rule,and compare our county's practice with American practice.There is a great difference between China and the United States in legislation and judicature,so that our country should not directly transplant American public use rule.However,the estoppel rule and the generic name rule are of referential significance.The five part puts forward suggestions for the legal protection of trademark nicknames in our country.On the basis of the principle of trademark nickname protection,this paper classifies trademark nicknames for protection and draws lessons from American judicial experience to improve the judicial rule,objective association rule that Supreme Court established in the "Guang Yun Gong Bing" case.