Study On The Determined Standard Of Trademark Degradation And Relevant Issues

A trademark is not only a sign which indicates the source of goods or services,but also reflects the image and reputation of the producer of the products,and its competitive capacity.In order to make its brand known,an enterprise needs to invest a large amount of manpower and material resources.For the consumers,a trademark serves as a symbol of reputation.Therefore,in case of trademark genericism,which means a trademark ceases to function as an indication of the origin of goods or services,the trademark proprietor will be bound to suffer economic loss.The earliest instances of trademark genericism occurred in the USA in the 20th century.In recent years,similar cases have appeared frequently in China.A provision on trademark genericism has been included in the newly revised PRC Trademark Law(Article 49,Section 2),which is the first provision governing this issue in Chinese legislation and means a big step forward in this area.However,there still remain difficulties in its application due to the vagueness of this provision.Accordingly,this thesis aims to discuss the current status of trademark genericism legislation,discover the deficiencies therein,and put forward proposals for improvement.The first part of this thesis provides an introduction to the concept of trademark genericism,makes comparisons between trademark genericism and trademark distinctiveness,generic names and trademark dilution respectively.Moreover,this part,drawing on some judicial cases,carries out an analysis of the causes for and consequences of trademark genericism,which in turn lays theoretical foundations for the subsequent discussion.The second part,based upon an analysis of the various tests for trademark genericism adopted by the typical countries and regions,proposes the parts of them which can be drawn upon.The third part makes an analysis of the test for trademark genericism currently adopted in China,and the current status of the procedure of trademark genericism identification,and puts forward suggestions for improvement of the procedure.The fourth part mainly advances suggestions for improvements in remedies available to trademark proprietors,and suggestions for them as to how to avoid trademark genericism.Additionally,this part presents some thoughts on the possibility for a genericised trademark to be granted registration again.