The Research Of Legal Protection For The Trademark Nickname

With the increasing development of intellectual property rights,more and more cases of trademark nickname are commonly known.Such as the case of"Sony Ericsson"、"LANDROVER"、"Perrier Jouet"and "Guang Yun Gong Bing".In the process of judicial practice in China,there are differences in the results of adjudication between different trademarks nickname cases,and there are limitations in the application of laws,which makes it impossible to obtain effective remedies.Therefore,it is necessary to seek a reasonable protection approach for the trademark nickname.This article studies the legal protection of trademark nickname,the content of this article is divided into four parts.The first part makes the research on the basic problems of trademark nickname,defines the concept and characteristics of trademark nickname,and classifies the trademark nickname to find the protection ways,and analyzes the value of the trademark nickname protection.The second part is the concrete analysis of the trademark nickname cases in recent years in China and summarizes the limitations of the existing protection methods from the parties’ choice of legal basis and the judicial authorities’judgment attitude.The third part is the research of the United States trademark nickname cases,analysis of the development of the Public Use Rule and compare with the protection of Chinese way,because between the two countries there is a big difference in the legislative and judicial system,so our country cannot directly apply the Public Use Rule,but the Estoppel Rule and Generic Rule are reference.The last part is based on the classification of trademark nickname to find the common way to protect trademarks,and to explore the new idea of the resolution to the trademark nickname Dispute-Objective Connection Rule.The article hopes to find ways to protect the trademark nickname,and further improve the remedy method of the trademark nickname,which is under present legal and mechanical framework and consistent with the trademark legal foundation of our country.