The Research Of Legal Protection Of The Nickname Of The Trademark

Dispute cases of the nickname of trademark is a new type of case that appeared in our country in recent ten years.Since there is no explicit stipulation in our current legislation on the protection of the nickname of trademark,in the initial handling of such cases,the Trademark Review and Adjudication Board and the various courts did not form a unified opinion on whether the nickname of trademark should be protected and how to protect it.The results of the adjudication even quite different sometimes,seriously affecting the authority of the judiciary.Meanwhile,such cases have also led to academic discussions on the protection of the nickname of trademark.Scholars express their views,opinions are not consistent.Therefore,this article will study the protection of the nickname of trademark.This article intends to focus on two issues as the core research: whether it should protect the nickname of the trademark,and what kind of protection model should be used.By combing Chinese and foreign trademarks commonly known cases of disputes,analyzing the existing research results of scholars and comparing the similarities and differences between the views held by scholars,and trying to analyze the original trademark holders using existing legal resources to advocate the nickname of trademark as its rights and interests encountered difficulties.Meanwhile,it draws on the relevant judicial precedents and research results in the United States and constantly improves the "the objective connection rule" proposed by the Supreme People's Court in our country.It tries to propose a relatively comprehensive trademark protection scheme,with a view to providing new ideas for the legal protection of the nickname of trademark in our country.The text is divided into six parts:The first part mainly discuss the basic concepts of the nickname of trademark,its nature and the way to use it.First of all,the concept of the nickname of trademark is summarized and classified according to different standards.It is classified into two categories: the related ones and the unrelated ones,and the brief analysis of the characteristics of the nickname of trademark.The concept of the program laid the foundation;Secondly,the nature of the nickname of trademark as belonging to the intellectual interests were discussed;Finally,the use of methods,especially the passive use of the characteristics of a simple exposition,concluded that the protection of trademarks generally do not need to consider the conclusions of its use.The second part from the protection of goodwill,safeguarding the interests of consumers and maintaining fair market competition from three angles,demonstrate the importance of the protection of nickname of trademark.The third part sorts out the cases of the nickname of trademark disputes in our country,summarizes the ways that the former trademark holders seek common protection of trademarks in judicial practice,and points out the limitation of each way.The fourth part sorts the relevant jurisprudence according to the development context of American public use rules and makes a brief analysis.The fifth part analyzes the objective connection rule established by the Supreme Court,and on this basis analyzes the reasons for the differences between China and the United States judicial practice.The sixth part is the focal point of this article,which mainly discusses the conception of the nickname of trademark protection scheme in our country.First of all,the basic principle that the protection of trademarks should be insisted on should be clarified.Secondly,on the basis of the related and non-related categories of related types,the Trademark Law of the People's Republic of China(hereinafter referred to as "the Trademark Law")and the "AntiUnfair Competition Law " Seeking relief.Meanwhile,the Supreme People's Court amends the elements of objective rules of association proposed by the Supreme People's Court against trademark commonly known disputes and discusses its application of law.