Research On The Legal Regulation Of The Name Registered Trademark

With the development of intellectual property rights,more and more people realize the importance of trademark registration and value.Among them,more and more using names registered trademark,in the face of fierce market competition,there have been many use of celebrity name registered trademark behavior.Use celebrity effect to attract the attention of the public is a kind of quick and cheap marketing method,but for celebrity interests will damage,also let that consumers cause misidentification,confusion,how to regulate this behavior,in the name of the registered trademark is the emphasis of this study.First of all,registered trademarks of the different types of names were investigated and analyzed on this article.Through presenting the data of the registration trademarks' same number,similar number and similar trademark words,summary the grim situation of the status quo of the trademark registration.No matter the general name or celebrity name,the number of registered trademarks are many,and the protection of the situation is not good,particularly the death of celebrity name registered trademark protection is serious.Followed by the name of the registered trademark of the classification,that is,using the name of another person registered trademark,with the celebrity name registered trademark,the name of the celebrities registered trademark and foreign celebrities translation of the name of the four categories of registered trademark name of the existing trademark.Finally,analyze the reasons for the occurrence of such problems.Secondly,it summarizes and analyzes the method of regulating trademark registration in our country.Including “other adverse effects”,“prior rights”,“other improper means” and“anti-unfair competition law”.The “adverse effects” and “prior rights” are described in detail from the legislative,judicial and auditing,but these methods still have many deficiencies when applicable.The analysis of the legal protection means in this section provides a good reason and thought for the future draws lessons from foreign countries and puts forward suggestions for improvement.Thirdly,the author summarizes and compares the foreign legal methods of trademark registration,involving three countries in Europe,Asia,Americas about more than 20countries' trademark law.Summed up the different types of foreign registered trademarks of different legal requirements.Compare the foreign name of the trademark registration of the legal provisions of the situation to China's legislative situation,in order to give China several aspects of reference.Foreign legislation provides a more detailed provisions of the different names of registered trademarks of the solution,giving a great inspiration for China's trademark legislation.Finally,we summarize the suggestions for perfecting the registered trademark of our country.From the perspective of pre-prevention and ex post remediation,to the legislative,review,judicial perspective,for the name of our registered trademark,especially celebrity name registered trademark problems and legal application of the proposed problems.from the perspective of legislation,review and judicial,and puts forward some suggestions on the problems and the application of the registered trademark of the name of the registered trademark.After comparing the differences and advantages of domestic and foreign legal regulation methods,it is put forward from the perspective of relative protectionism that China needs to restrict the existing laws on the basis of existing laws.And then the application of the registered trademark of the celebrity name should also be special regulated on the basis of the ordinary name of the trademark protection o,the same name and the name of the celebrities and registered celebrities have given a perfect proposal.In the case of trademark procedures,it is recommended to strengthen the substantive examination of the trademark and to extend the period of revocation,the judicial application of the “other adverse effects” is too wide and the protection of the object is not clear also made a proposal.“Prior rights” should be extended to explain.Through the above different views of the proposal,can be more effective regulation of the current name of the registered trademark of the problem,and China's legislative and judicial justice has also played a positive role.