A Study On The Legal Protection Of Service Mark

In recent years,the disputes about service trademarks have frequently aroused high social concern and wide range of influence.In service trademark right infringement disputes,the key controversies are always focused on determining "the same or similar kind of services" as well as justifying the 'use of service marks",which derived from the concept of "service".Therefore,to define the connotation and extension of "service" is the core of this research.On the basis of the summary of the understanding in"service" by different scholars at home and abroad,this research will redefine "service" in the context of trademark logically by using "the definition of genus plus difference".In trademark law,"service" is one of the object matters of the trademark,which is invisible,changeable,immediate,independent,and altruistic.Wherein,"independence" means that "service" is independent of the transaction object.Altruism refers to"service" is for the benefit of other people's activities,not just to expand their business accessories.The value of a basic theory should be reflected in the feasibility of solving practical problems,and the solution is not isolated cases,individual cases,but a kind of problems,even a few types of problems,and can be applied repeatedly in different cases.Using the definition of "service",we can effectively analyze and solve the existing problems in the current legal protection of service marks.For example,whether the sale service mark of the supermarket and the shopping mall can be registered?Whether the sale of commercial housing services trademarks can be registered?How does a cross class new service identify its service class?What kind of usage is the use of service mark?After analysis,the main conclusion is that selling goods by supermarkets,developing and selling commercial housing by real estate developers,real estate names are not the service in Trademark Law.Finally,this article proposes that we should make a clear distinction between "the service"and non service,delete non service project in the trademark registration system in China,then establish and perfect the legal protection system of commercial identification from the aspects of theory and legislation,administrative management and judicial protection.