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Study On The Dilemma And Outlet Of The Coexistence System Of Trademarks Under The Internet Environment

Posted on:2020-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2416330575459980Subject:Philosophy of science and technology
Abstract/Summary:PDF Full Text Request
The development of the Internet has already surpassed the expectations of people at the beginning of the invention,and it can be said that it completely subverts people's way of life.The convenience that the Internet brings to people is obvious to all,but it also brings many problems.One of the characteristics of the Internet is global.It is this characteristic that conflicts with the regionality of trademarks in the traditional environment.It not only brings more opportunities for the spread of trademark value,but also makes the phenomenon of trademark coexistence more significant and urgent.In the future,in the Internet environment,the phenomenon of trademark coexistence will be more common and the form will be more complicated.Although the traditional system of trademark coexistence still applies to the Internet environment,in the face of the particularity of the Internet,it still needs to re-establish existing coexistence.system.In the existing Trademark Law,the lack of trademark coexistence system,the prior use rights of trademarks and the possible standards of confusion have not been clarified.If these problems can be solved in the traditional market,it is only a matter of time before the problems of the trademark coexistence system under the Internet are solved.The core applicable requirements of the trademark coexistence system are: subjective goodwill and the existence of a distant market.Some of the emerging media tools on the Internet that are different from traditional environments,such as online advertising and search engines,have a noticeable effect on the subjective goodwill of post-trademark users.The superregional nature of the Internet has made the use of trademarks without boundaries,which poses challenges to the requirements of distant markets.At the same time,how to regulate the reasonable use of the domain names of two coexisting trademarks becomes another problem.To solve these problems,we need to start from the technical characteristics of the Internet.From the perspective of subjective goodwill,we can clarify the effectiveness of online advertising and search engine notifications.We can determine whether the trademark users have subjectively good intentions and then determine whether they can coexist.In the remote market,the delineation of the actual infiltration area and the reputation area solved the problem of the geographical scope of the trademark in the Internet environment and responded to the requirements of the distant market.The way the website affirms and provides links can effectively regulate the use of the domain name by the enterprise to solve the problem of the use of domain name to the coexistence of trademarks.
Keywords/Search Tags:The Internet, Development dilemma, Trademark coexistence system
PDF Full Text Request
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