Research On The Issue Of Protections For The Trademark Of Game Name

The name of the game has broad and narrow meanings.The game name in the broad sense includes the name of the game software and the name of the game element.The game name in the narrow sense refers only to the name of the game software.In general,the game name refers only to the name of the game software in the narrow sense.Compared with other common trademarks,the game name trademark has a dual attribute,that is,a combination of the product name and the trademark logo.Game name trademark protection has its necessity and particularity.The necessity is reflected in the fact that video games have become an indispensable part of modern people's life;the game industry has become an important part of social and economic development;game name infringement occurs frequently,and There are insufficient legal protection measures.The particularity is reflected in two aspects.On the one hand,compared with other protection methods,the protection of the trademark name of the game name is comprehensive;on the other hand,the game name trademark is weakly protected compared to other common trademarks.In the protection of the game name trademark,it is necessary to follow some basic principles,including the principles of honesty and credit,the principle of public order and good customs,the principle of balance of interests,and the principle of breaking the "similar goods orservices distinction table" within certain limits.The protection of the trademark name of the game name shall be carried out according to the following steps: First,determine whether the game name constitutes the basic condition of the trademark,that is,whether it has distinctiveness and legitimacy;secondly,after establishing the name of the game to become a trademark,it is necessary In combination with the general theory of trademark infringement,it is determined whether the use of the game name trademark of the accused infringer is a trademark use and whether the use behavior causes confusion among the relevant public;third,the existing social status of the game name and the accused infringer The status of use determines whether the game name trademark has been universally named and whether the use of the alleged infringer constitutes a legitimate use.As for the protection of the trademark rights of the game name,there are still problems in practice,which requires improvement from both the legislative and judicial aspects.As far as legislation is concerned,on the one hand,it is necessary to recognize the trademark attribute of the game name,and on the other hand,it is necessary to improve the certification standard for trademark use.As far as the judiciary is concerned,on the one hand,it is necessary to fully understand the particularity and basic principles of the protection of the trademark name of the game;on the other hand,it is necessary to clarify the trial ideas of the game name trademark case,specifically including theuse of social investigation reports to assist the judges.Identify;pay attention to the game's own type,content,gameplay,data and other reference factors;fully understand the computer,mobile devices and the Internet's cutting-edge,technical and other characteristics.