The Public Interest In The Definition Of The Trademark Law And Conflict Resolution

With the rapid development of economy in our country. Trademark disputes are increasing and have become a hot point of social concerns in the field of intellectual property right. There are a variety of types of trademark disputes, involving the judgment of similar products, the cognizance of approximate goods and the judgment of specific trademark torts. Recent "WeChat" trademark case has caused social concern and widespread discussion, of“public interest”,which is important in the trademark law. To regard ”consumer stable cognitive interest”as the public interests of the trademark law not only meets the requirements of the basic theory of public interests, but also follow the basic principle and position of the trademark law. to expand the explanation of“bad influence”in paragraph one article 10.8 of Chinese trademark law to use in the cases of trade use which influences public interest meets the legislative intent of the trademark law. we can learn from the trademark case “WeChat ” which has the trademark logo function and the social nature of communication medium. These characters determine that the trademark can influence public interest and not be a pure private right. Meanwhile, the trademark must influence the interests of consumers which belong to the public interest of normal publicity. If the trademark involved in the case of trademark torts will damage“consumer stable cognitive interest”and lead the publicity to misunderstand it, it will be regarded as the”bad influence”of the trademark law.Therefore, the author tries to analysis above problems with the theory and practical experience and provide the solution of these problems.This article is divided into five parts.First part of the article, induces controversial issue of the case: how to define the public interest in the trademark law?the court use the article 10 of the trademark law to expand the explanation, is it reasonable?How to limit the applicable conditions and situations of the“bad influence”provision of the trademark law? Whether the case can be solved with the help of "coexistence" trademark goodwill of the dispute? How to balance the interest of trademark registrator and user?The second part mainly discusses trademark law in the public interest, the about "stable cognition" should be in the public interest, at the same time, through the theory and practice to illustrate the rationality of the trademark rights people acting in the public interest.The third part explains the necessity of public interests, and first, explained the application for trademark registration which is not constituted with property rights. Second, discusses the public interest in the application principle of earlier conflict.The fourth part of “bad influence”which discussed in this paper, first the bad effects in terms of the trademark law to illustrate the application scope, secondly has carried on the theoretical interpretation on "bad influence" clause, explain again in this case the rationality of "adverse effect" clause.The fifth is about public interests in related to the balance of interests and the improvement of the dispute settlement mechanism is analyzed. compared with the first used after the applicant and the interests of the world, this part discusses the principle of the first application with“stable cognitive”conflict resolution. the final choices of resolution to perfecting measures will be put forward.