A Study On The Registered Trademark Infringement Of Right Of Celebrity's Name

Merchants in China,driven by economic interests,the phenomenon of malicious registered trademark is very widespread,of which "alongside" celebrities to hitchhike phenomenon is the most typical,businesses often take the means is the celebrity's real name,name homophonic,overlapping names registered trademark,and then use celebrity fans and strong social influence to achieve the aim of improper rapidly promote brand awareness.Such behavior often causes consumers to associate specific names with specific celebrities,thereby infringing on the property rights and interests of the names of celebrities and disrupting normal economic and market order.Registered trademark infringement in China celebrity name rights of legal regulation,mainly in terms of the "trademark law" article 32 prior right and article 10 8 "other harmful effects",but the existing legal system can only solve the name should be included in the "prior right" and "other harmful effects" category,but cannot solve the trademark registration applicant to decide how to infringe the right of name.In this case,it is urgent to solve the problem of infringement of the right of name in the trademark registration procedure and properly protect the right of the name of the famous person.In the aspect of constitutive elements,the first requirement to be satisfied when deciding whether the registered trademark infringes on the name of a celebrity is whether the person of the right of name actively USES his or her name.If a natural person USES his or her name,it shall be determined that the specific name is in correspondence with the natural person.If the person is registered as a trademark without permission,the infringement shall be considered.On the contrary,it should not be regarded as infringement,because the law does not protect the right to exercise.The second requirement that needs to be satisfied is whether the trademark registration applicant has subjective malice.The applicant for trademark registration whether people with subjective malice may consider name if there is a wide popularity in our country,to apply for a registered trademark of time domain to be used,the registered trademark and the trademark registration applicant to factors such as the cause of the celebrity's name registered trademark.The third component that needs to be satisfied is the act of registering the name of a celebrity as a trademark with a trademark registrant.If the applicant for trademark registration does not apply to register the name of the celebrity as a trademark,the applicant shall not be deemed to have infringed upon the right of celebrity.The fourth component is that the registration of the disputed trademark causes damage to the name holder.Any liability for infringement shall bear the result of damage.If the registered trademark does not cause the loss of the person's spirit or material,it shall not be deemed as infringement.It is also unclear whether the registration mark infringes on the right of infringement of the right of celebrity.The name right person has popularity should consider its social influence,the consumer investigation report that passes notarization,the state that natural person and other person produces dispute and lawsuit,the domain of fame.Subjective fault should consider the applicant for trademark registration name right of people in our country,whether there is a widely known,apply for a registered trademark of time domain to be used,the registered trademark,the trademark registration applicant to factors such as the cause of the celebrity' s name registered trademark.In addition,a specific name corresponding relation with the existence and stability of the specific natural person should be,and should be acknowledged by law and the relation between name and the objectively existing at a specific natural person.