Research On The Legal Issues Of Trademarks In Tourist Attractions

Tourism has the attributes of public recreation and commercial profit,while the trademark of the tourist attraction logo has the dual characteristics of sight indication and trademark indication.As the name of the attraction,the identification of the tourist attraction can serve as an indicator of the tourism resource category,and from the trademark level of the tourism product,it can indicate the source of the product content and the type of tourism service.It is precisely because of the different attributes of the tourist attraction logo that its basic salience as a trademark has been weakened.China's Trademark Law does not have a section dedicated to the protection of tourism resources,and there is a situation of difficulty in seeking help.The most closely related to tourism,in the Tourism Law revised in 2016,the provisions on tourist attractions are mostly the principled provisions of resource protection,and there is still no relevant regulations concerning the protection of tourist attractions.China's Trademark Law has been in force since 1983.After three revisions,there are still no provisions on the protection of trademarks for tourist attractions.Therefore,this paper studies the characteristics of tourist attractions in combination with the characteristics of trademarks,analyzes the causes of trademark squatting and trademark infringement repeatedly,and clarifies the shortcomings of current legal protection,intending to use the trademark legal system.Suggestions for better protection of attractions in the tourist category.This paper points out the status quo and problems of the protection of trademarks and trademarks in China's tourist attractions,and puts forward relevant opinions and some suggestions for improvement in light of the provisions of laws and regulations and the characteristics of tourism resources.Excluding the introduction and conclusion,the main structure is divided into four parts:one is to clarify the necessity of trademark protection for the protection of tourist attractions,from the commercial identity of tourist attractions,the brand construction needs of tourism destinations,and the implementation of intellectual property rights by tourism operators.In terms of strategic trends and safeguarding the rights of tourism consumers,it is considered that the protection of trademark laws on scenic spots needs to be feasible.Second,under the background of the protection of the Trademark Law,the identification of tourist attractions has been marked by trademark squatting,and the trademarks that have been registered for trademarks cannot be protected by proprietary rights,and combined with the characteristics of trademarks.The reason why the tourist attraction logo is easily squatted into infringement is that it is not feasible to register the tourist attraction on the service mark,it is not significant when applying for registration,the trademark category registered by the attraction mark is single,and it is impossible to mark all the scenic spots.Register for protection.The third is to analyze the current provisions of the Trademark Law of our country,pointing out that relying solely on the Trademark Law to protect the inadequacy of the identification of scenic spots,and in combination with the actual use,pointed out the provisions of the current Trademark Law and the registration of tourist attractions The scope of application is too narrow,the main body of the application is broad,and the application for trademark review procedures for tourist attraction identification is not reasonable,and the transfer threshold is low,and the attraction identification cannot be fully protected.The fourth part,combined with the regional characteristics of tourism resources,intends to give full play to the enthusiasm of local tourism associations.It wants to create a tourism collective trademark and give local tourism associations the right to apply for collective trademarks to effectively protect local tourism labels.In response to some natural and humanistic tourism resources including geographical indications,combined with the characteristics of geographical indications,the scope of geographical indication products was expanded,and the geographical indication trademarks of such tourist attractions were specifically protected,drawing on special signs and Olympic symbol protection.The method,for the rich tourist attractions logo,try to explore the possibility of special legislation on the identification of tourist attractions,and thus in combination with the provisions of the Trademark Law,can comprehensively protect the tourist attractions identification.