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Research On The Common Protection Of Trademarks' Nickname

Posted on:2019-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:W C LiFull Text:PDF
GTID:2416330548471687Subject:Law
Abstract/Summary:PDF Full Text Request
The nickname of a trademark derived from long-term social practices has become one of the indispensable concepts of trademarks.Trademarks are commonly known as the public's use of the public.They are commonly used by the general public in the society.Although the common name of a trademark does not have a clear legal status,it is not stipulated in the current Chinese trademark law and regulations.However,the trademark commonly known as the case has become one of the difficulties that must be solved in judicial practice for many years.In particular,with the continuous development of the intellectual property economy and the continuous improvement of the relevant laws on trademark rights,the protection of trademarks is particularly important.The first part combs out the relationship between the common name of the trademark and the trademark to obtain the value of the common name of the trademark and the reason for protection.The contrast between the common name of the trademark and the concept of the related trademark distinguishes the different and common features of the common name of the trademark.Understanding the basic theory of a trademark's common name and its relationship with a trademark is crucial,and it is related to the establishment of the issue of whether a trademark can be protected.Define the related concepts and protection reasons for the common name of the trademark to obtain the conditions and possible actions for the protection of the trademark.The second part mainly discusses the status of judicial practice at the domestic and foreign markets.Through the analysis of the cases and the analysis of the common protection of trademarks,the history of the protection of trademarks in the United States,Britain,and other countries is close to a hundred years,and many cases can be learned and referenced.Through the study of the common cases of trademarks in the United States,the value of the referee and the connotation and thought of the publicly used rules of trademarks are clarified.Through the study of the trial process of our country's trademark commonly known as the case,we summed up the issue of the protection attitude and legal application of our country's judicial authorities to the trademark commonly known cases.The third part mainly compares the characteristics of the commonly known cases of domestic and foreign trademarks,and draws the protection attitude,protection value and protection direction of the trademark,as well as the difference in referee results.On this basis,the basic limits for the protection of trademarks should be combed,and the issues that should be clearly identified and applied in the case of trademark dusts should be identified.Respect for the independence of trademarks,which is commonly known as protection,the nature of a clear and maliciously registered trademark,and the influence of the public on the common name of trademarks,have a guiding role in the protection of trademarks.The fourth part mainly discusses the method and criteria for the protection of a common name of a trademark.Define the basic idea and direction of the protection of a trademark,which is commonly known as the protection of trademark names,and use the current trademark law to protect the common name of trademarks.For the protection of related trademarks,or the protection of specific names of known trademarks,to protect the rights and interests of the relevant trademarks.Finally,the author discusses the possibility and effectiveness of the basic basis for the protection of the common name of a trademark from the standard of the trademark and the objective relevance of the trademark and the degree of public attention.
Keywords/Search Tags:nickname of Trademark, legal protection, trademark rights, protection methods
PDF Full Text Request
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