The Dilemma And Way Out Of Sales Trademark

Sales trademark refers to signs that distinguish "sales service" between the operator and others.In current trademark registration system of china,most of the sales service operators cannot apply for trademark registration in the "sales service",which can only be "sell for others" trademark,commodity trademark or unregistered well-known trademarks to claim the sales behavior,or seek the anti unfair competition law to protect unregistered well-known trademarks.However,in judicial practice,there are divergence in understanding of the relationship between "sell for others" and "sales service";because of the scope of protection in commodity trademark and sales service is not the same,it is difficult to protect the rights of enterprises;the protection range of unregistered well-known trademark only includes the prohibition right of the same or similar goods;compared to the registered trademark,unregistered well-known trademark protection range is consistent with the rights,but heavier burden of proof;the unregistered well-known trademarks is non authorized rights that means heavier burden of proof result to the lack of protection or the delayed of protection.Through empirical research,in view of the above difficulties of the sales trademark protection,it is a good solution to completely open the registration of sales s trademark.When the full liberalization of the sales trademark registration,sales enterprises only need to register a trademark in a specific category of sales service.Completely open sales trademark registration,the enterprises can protect the "sales service" better.