Research On The Cases Of Trademark Preemptive Registration

Trademark is an important intangible asset for enterprise development.With the development of the social market economy,the awareness of enterprises trademark protection has been gradually improved.At the same time,there have been many speculative behaviors that malicious to registry trademarks which bring the bad impact on the market.The protection of trademarks in China is mainly based on the registration system,but there are still a large number of unregistered trademarks.Many of these trademarks have been used for a long time,and formed a certain degree of visibility.Because such trademarks have condensed a considerable amount of labor,and has been an important part of corporate image,which is necessary to protect under the trademark Law.The latter part of the current Trademark Law,Article 32,is mainly intended to address the issue of malicious cyber squatting,which gives the prior to use of the right to maliciously use the trademarks.In addition,the Supreme People's Court published " the views of a number of issues on the trial of trademark licensing and administrative rights " and the Trademark Office and the Commercial Committee issued the "trademark trial standards",both on this issue directly or indirectly involved,but the above laws and regulations still fuzzy,incomplete,which led the judicial field to chaos directly.This paper starts the purpose from the legislative,and analysis of the practice in the judicial field,discussing with the relevant practice and theory at home and abroad,then clearly to curb malicious trademark registration of the relevant standards.This article has five main parts:The introduction,which mainly through the latest "Jordan" case to research the question in this article: malicious trademark registration.And then analyses of the relevant judicial cases to further elaborate the author's writing purpose,which try to curb the issue of trademark registration clearly and do some help in judicial practice.The first chapter,discuss about the "first use" connotation through the introduction of "Land Rover" trademark dispute case.We identify that the subjects of the "first use" are object,time,area,style,etc.And talk about the qualitative problem of "passive use".It is clear that the "passive use" cannot be considered as an effective "use",so "Land Rover" trademark should not have the right to stop the other people's trademarks.In the second chapter,discuss the identification of using the trademark "certain influence" through the introduction of "duck king" case.That "certain influence" should be combined with the relevant public awareness and from the objective view to see the time and scope involved in "certain influence".At the same time,it further discusses the difference and connection between the two provisions in the Trademark Law.The third chapter,discuss the cyber squatters on taking "improper means" through the introduction of "Fumei" case.That identification of the "improper means" mainly by examining whether the cyber squatters subjectively know or not know others first use the trademark.What is more,the author disuses the existence possibility under goodwill situationThe fourth chapter,analyses the protection scope of the latter part of the Trademark Law,Article 32,through the introduction of "Sony Ericsson" case.Analyses the protection of the nature of the trademark and reference to the protection of the well-known trademark to limit the scope of protection for trademarks that should been to "the same or similar goods or that services use the same or similar trademark ".