Research On Legal Protection Of Trademark Nicknames

The public"reformed"the name of a particular trademark in order to facilitate the name,thus forming a nickname that is different from the original trademark.For example,the domestic public referred to the trademark "TWITTER"of a foreign social networking platform as "tuite",thus forming the nickname "tuite".Whether fiom the perspective of the semiotics arbitrariness principle,or from the perspective of the process of consumers’ psychological cognition of trademarks,the diffusion and activation theory,etc.,it is of great significance to protect trademark nicknames in law in order to maintain the legitimate rights and interests of market trading subjects and maintain a stable and fair market order.At present,there are cases in which the use of similar trademarks,well-known trademarks,trademarks that have been used and have certain influences,and enterprise name rights are used in judicial practice in China.However,there are some problems in these protection paths,which cannot effectively protect the rights and interests of right holders and need to be further improved.In foreign countries,Germany’s Anti-unfair Competition Law on imitation,misleading business practices and other provisions can be used to protect the interests of trademark nicknames;the rule of public use in the United States have been perfected after more than one hundred years of development.From the foreign protection rules.some experiences can be used for the protection of trademark nicknames in China However,the improvement of the protection system of trademark nicknames should be based on the current legal system in ChinaThis paper mainly introduces the necessity of legal protection of trademark nicknames in China,and on this basis,discusses the status quo of trademark nicknames protection,existing problems and the related judicial practice in foreign countries,and proposes how to improve the protection of trademark nicknames in China.The text has five chapters.The first chapter is an introductory theory.This paper mainly recommends the current literature review of trademark nicknames in China from the perspectives of the types of research results,the time of publication,and the content of research,and summarizes the current characteristics of academic research on trademark nicknames and the research methods involved in this paper.The second chapter explains the necessity of protecting trademark nicknames.First of all,according to the theory of semiotics,through the trademark nicknames the relationship between the signifier and the signified,symbols of arbitrariness,etc.to analyze the necessity of protecting trademark nicknames:Secondly,based on the theory of cognitive psychology,this paper analyzes the psychological cognitive process of the public on specific trademarks,and discusses the necessity of the protection of trademark nicknames according to the theory of diffusion activation.The third chapter expounds the current situation and deficiencies of the legal protection of trademark nicknames in our country.On the basis of the relevant provisions of the Trademark Law and other relevant laws,the legal basis,relevant judicial cases and the deficiencies in practice are introduced.The fourth chapter describes foreign experience in legal protection of’trademark nicknames.First of all.it introduces the provisions of the German Anti-Unfair Competition Law that can be used to protect trademark nicknames,and compares them with similar regulations iin China.Secondly,it introduces the formation and evolution of the rule of public use in the United States,and analyzes the enlightenment obtained from them.The fifth chapter explains how to improve the protection system of trademark nicknames in China.First of all.this paper puts forward some suggestions on how to improve the protection mode of trademark nicknames.We can seek protection from the approaches of similar trademark,enterprise name right.objective contact rules and so on according to the different situations oftrademark nicknames in practice.Later.it discusses the protection conditions of the trademark nicknames and the multi-party interests involved in the protection of the trademark nicknames.Finally,it expounds the trademark nicknames and the scope of the rights and interests of the nickname.