Study On The Application Of The Good Faith Principle In Trademark Registration

Under the background of the current rapid economic globalization,highly recognizable trademarks have become an important bridge for the consumption of goods and services that are the basis of social economic operations.Trademarks are “symbols of corporate reputation”and can even be said that if there is no trademark Goods and services will be difficult to move.However,it is precisely because of the great value and influence of trademarks,especially well-known trademarks on enterprises,some social entities attempt to imitate trademarks similar to other well-known trademarks through malicious cybersquatting,“free-riding”,malicious hoarding of trademarks,etc.,which deviate from the principle of good faith.The means of trademarks occupying trademark resources has seriously hindered the economic transformation of our society and the realization of the goal of building a brand-strong country,and the introduction of the principle of good faith can help solve this problem.As a legal principle,the principle of good faith can play the role that the general law does not have.It is stipulated by clear provisions.It not only conforms to the expansion trend of the principle of honesty and credit,but also the perfection and effective supplement of the trademark registration system in the protection of trademark rights.However,since the Trademark Law of 2013 established the principle of good faith,its application in judicial practice still has many shortcomings.Its high abstractity and specific contradiction between judicial practice indicate that when dealing with trademark registration disputes.There are still many shortcomings and problems in the application of the principle of good faith.This thesis intends to systematically interpret the principle of honesty and credit,explore the value of its existence and the necessity of application,and combine the relevant domestic and international precedents and advanced legislative judicial experience to make the principle of honesty and credit more realistic and practical in the practice of trademark registration..In the research,the author believes that,first of all,the current direct provisions of the trademark law on the principle of good faith are only Articles 7 and 19,when dealing with specific trademark registration disputes,there is a lack of a clear set of corresponding applicable rules;secondly,through For the interpretation of legal provisions and the analysisof judicial cases,the author finds that the current application of the specific circumstances in China,the applicable standards are still relatively vague,and even for a problem,different courts will make different judgments;finally,the author believes that for agencies,etc.Although there are legislations for the limitation of the main body,there is still the risk of being uncontrollable in actual operation.In response to these three questions,the author further put forward his own opinions and suggestions in the fourth chapter and the fifth chapter.First,the author intends to propose a basic rule framework applicable to the basic principle of good faith,including applicable objects and preconditions.And the applicable boundary;secondly,the author believes that in the trial of registered cases,priority should be given to the registrant's objective registration behavior.In the case of well-known trademarks,prior use and already influential,judgments can be made based on objective behavior;When it is impossible to make an identification based on objective behavior,it can be determined by combining the subjective mentality of the registrant.The subjective mentality can distinguish between subjective cognition and subjective motivation.Combining the above factors,it is believed that the trademark registration case can be solved.