The Research On The Relationship Between Cognitive Bias And Public Interest In Trademark Registration

Along with the trend of Internet plus "the new Internet emerging technologies and products, information products and services form the way is also changing. In this rapidly changing field, an enterprise trademark will undoubtedly become the important strategic resources, in view of the important resources of the trademark of the increasingly fierce competition on the trademark dispute caused by legal disputes occur now and then. And the recent Beijing Intellectual Property Court for " micro " trademark ownership dispute made a trial verdict caused widespread concern and discussion of the social from all walks of life. This article mainly from the Chuangbo Asia Pacific Technology(Shandong) Co. v. State Administration for Industry and Commerce of the Trademark Review and Adjudication Board of trademark objection review administrative dispute case and discusses about. For the social from all walks of life questioned Beijing Intellectual Property Court of First Instance judgement is reasonable, why a Chuangbo Asia Pacific Technology(Shandong) Co., Ltd. of the earlier application " micro " trademark has a " bad influence " and the existence of public interest of abuse. The author hopes that through from the legal aspects of the public to register the source identification cognitive biases " definition, resulting in the formation of the nature of the accurate judgment and the cause analysis of the dispute the objective reason of the formation, to our country's legislation and judicial practice to provide practical advice.The main body of the thesis is four parts.The first part is putting forward the problem. Is mainly based on the "micro" held by the parties in the case of trademark views and court judgment for comprehensive analysis, summed up cause public to register the source identification of cognitive bias and the controversial issues: A is to the public on registered in the underlying knowledge source of cognitive bias produced results(stability) is belong to the public interest; second, according to the trademark law in terms of "bad influence" is the symbol attributes or the use of behavior.The second part is about the public's definition of the cognitive bias of the "We Chat" logo in the registration. First, the analysis of the meaning of public to register the source identification of cognitive bias and the resulting results(stable); secondly, by starting from the characteristics of the public interest, a clear public interest category. Finally, inductive reasoning out the exact meaning of the public interest in the trademark law, and conclude that the public cognitive bias of registered source identification results(stable cognitive) that belong to the public interest.The third part is the comparison of the relationship between the cognitive bias and "other adverse effects" of the "WeChat" logo in the registration. Through the analysis of the legislative intent and the legislative purpose of the "bad influence" clause in the trademark law and the balance of interests in the judicial practice, the rationality and legitimacy of such cases are obtained.The fourth part is the objective analysis and summary of the causes of the above problems. In this paper, the author puts forward suggestions on legislation and judicial practice in our country. Dotting part of this part of the article, in front of the three parts,with the analysis and discussion, on the whole to have enough understanding of China's current legislative, judicial and academic field of the held attitude. The advantages and disadvantages are also obvious. Therefore, the author through two directions to avoid the public's identification of the source of the registration of the cognitive bias and resulting legal problems.