Research On The Descriptive Registered Trademarks For Proper Use

By using the registered logo,the trademark owner not only enhances the distinctiveness of the logo,but also obtains the "goodwill" protected by the trademark law.The reason why the trademark law protects this goodwill is that the legislator protects the relevant public's understanding of the logo,that is,when the relevant public sees the logo,the "first meaning"is the goods or services.provider.It takes a long road to develop a sign that is highly significant and has a unique point to the goods or service providers.In order to make it easy for the relevant public to remember their logo in the short term,it seems that registering the trademark with the characteristic information of the goods or services.It has become a "shortcut".It is true that the business entity can register the trademark as a trademark by changing the font,color or layout structure of the descriptive vocabulary.However,the descriptive vocabulary itself is not creative,less significant and is manifested in its significance.The second meaning",and the "first meaning"as a common understanding of the relevant public does not have the attribute of exclusive rights.The generation of the first meaning is more dependent on the spiritual wealth of the human being.It belongs to the public resources of the society and cannot be registered only because of the business subject.A monopoly is obtained by legal action,and this is also the proper use of descriptive registered trademarks.At present,Article 59 of China's Trademark Law only provides a principled provision for the proper use of descriptive registered trademarks,but what is a descriptive registered trademark?How to judge whether it constitutes proper use?What factors need to be considered to determine the possibility of confusion and misidentification?These are all issues that need to be clarified.However,at present,there is no clear explanation for them in our country's legislation.As a result,there are some judicial decisions with different standards for the proper use of descriptive registered trademarks.The first part of the article begins with the clarity of the relevant core concepts,and then defines the descriptive registered trademarks and expounds the theoretical basis of the existence of the system.The second part compares the legislative status and judicial practice of the current descriptive registered trademarks in Germany,Japan,the common law countries of the United States,the United Kingdom,and Taiwan,and seeks to learn from the differences between the extraterritorial state systems.Where.The third part through the empirical analysis of the trademark infringement disputes of local courts in recent years involving the use of descriptive trademarks in the use of referee samples,in order to find the focus of descriptive vocabulary judgment,the factors of the legitimate use of the main considerations,which are the most It is easy to identify the wrong factors,what key factors should be considered for confusion and misunderstanding,and the existing problems of the proper use of descriptive registered trademarks in China,and provide judicial practice for the improvement of China's legislation.In the fourth part,the author proposes to solve the problem from the legislative and judicial perspectives by combining the judicial judicial data and the related problems analyzed in the previous article,so as to perfect the proper use system of descriptive registration in China.