The Trademark Law,the Principle Of Good Faith In The Study

China's trademark law defined in article 7: the registration and use of trademarks shall follow the principle of honesty and credit.This is the principle of good faith for the first time in the trademark law,make clear a regulation,this provision is not only beneficial to trademark the realization of economic value,maintain the normal trading order,and improve the specification of the trademark law,provide the basis for judge's creative judicature,and accord with the requirement of today's socialist core values of integrity,guide the market main body abide by business ethics of honesty and credit,fair competition.But,with the materialization of the modern society,in the economic interests of the driven trademark registration and use of still deceptive behavior happened repeatedly.Illegal malicious registered trademark,the trademark agent,such as goodwill,malicious free-ride carry others grab market quotient.This paper is divided into five parts:The first part analyses the value of Trademark Law in the principle of honesty and credit,mainly is the economic value,legal value and social value.From the exchange of commodities and trademarks of the economic analysis of its economic value,from making up for the loopholes in the law and to guide the judicial practice of legal value analysis,analysis on its social value from the perspective of the social value of the integrity of the historical development and contemporary China;the second part,combined with the case study of the main types of behavior of trademark registration in violation of the principle of honesty and credit: cybersquatting,trademark agency violates the principle of good faith,registered trademark of "free ride and from these cases analysis causes of these behaviors;The third part is combined with a case study in the use of trademarks in violation of the principle of honesty and credit behavior type: one is the use of a registered trademark of the registered person without the consent of intentionally using,trademark counterfeiting,in use of trademark "take free,second is unregistered trademarks with fortress trademark widely exists,and combining with the case analysis of the causes of these behaviors;the fourth part is the analysis of the relevant provisions of the principle of honesty and credit of the two legal systems of trademark law norms,and make a brief evaluation;the fifth part is the reference,provisions of the two schools absorb the relevant countries or regions,solve the existing problems of China's trademark registration and use in the process of perfecting the honest credit system in China "trademark law.