On The Implementation And Application Of The Principle Of "honesty And Credit" In The Trademark Law

Good faith as one of the moral doctrine deriving from civil habits gradually develops into a legal principle,the basic connotation of which is that people in civil activities should act in good faith,abide by the promise,with genuine intention expression and honest attitude,and pursue their own interests without intervening interests of others and the public,otherwise it will lead to adverse consequences and legal evaluation.Deviating from the good faith doctrine are grievous in the field of trademark in our country including the speculative occupation of the symbolic resources,malicious registration of trademark right,and the abuse of the exclusive right.The reason should be attributed to the absence of efficient implementation f good faith doctrine in the trademark law,the illustration of which is the lack of barrier of malicious registration of trademark in the administrative procedure,and there is no judicial deterrent of the abuse of litigation under the guise of the trademark registration.Considering that the essence of trademark as the product of the commodity economy,not only has an important method to form a concrete connection among enterprises,products and consumers in the competitive market become,but also the main carrier to obtain the advantages in the competition for enterprise and its products guiding the consumption.Provided that the good faith doctrine is not forcible resulting rampancy of malicious act,it should be no benefit to our political goals of economic transformation and great power in brands.Although article six of the General Pro-visions of the Civil Law stipulates that "the parties to civil legal relations shall conduct civil activities under the principle of honesty and credibility",and article seven of the Trademark Law also adds provision concerning the principle of honesty and credibility,trademark law is civil law,it has specific adjustment range and rules.Neither in the administrative procedure of trademark rights authorization and confirmation,nor in the trademark judicial procedure,the principle of honesty and credibility is used correctly,rightly,boldly or intentionally etc..Without a doubt,correct understanding and use of the principle of honesty and credibility is of great significance for preventing malicious trademark squatting,ensuring legitimacy of use of trademark rights,stopping abuse of trademark rights and maintaining competition order of the market.However,principle clause has strong elasticity and uncertainty,which covers a wide range,far beyond the scope of other provisions.Therefore,although legislators added legal provisions in legislative level in response to the social intense demand of principle of honesty and credibility in trademak field,as trademark administrative practice and judicial practice are complicated,specific interpretation is still required on how the principle of honesty and credibility should play its role.In the first part,this thesis analyzes the concept and development of the principle of honesty and credibility.In the second part,this thesis further analyzes the chaos of dishonesty in trademark practice field.In the third part,this thesis concludes the theoretic explaination of the principle of honesty and credibility in Trademark Law,and further explores the application mechanism of the principle of honesty and credibility in both "application" and "use",hoping to bring back honesty and credibility to Trademark Law field by accurate use of the principle of honesty and credibility in administrative and judicial practice,thereby promoting benign development of the economic order.