A Research On Trademark Infringement In The Context Of APP Icons

With the development of Internet,mobile terminal APP applications have gradually formed an industry chain.But commercial risks and legal risks are also accompanied by the same time.In recent years,APP trademark infringement cases are emerged in an endless stream.The legal attribute of APP identification,whether it can be included in the trademark law's justification range and how to divide the responsibility after tort has been a hot topic in academic circles.Through a large number of judicial examples,this paper analyzes the legal risks of trademark infringement caused by the identification of mobile terminal APP applications.The judgment condition of APP mark constituting trademark infringement is clarified.And it clarifies the ways of undertaking of liability of tort subject,and puts forward some suggestions on the regulation of APP mark infringement.This paper starts with the legal attributes of APP identification,analyzes the trademark identification attribute of APP logo.And cognizances APP logo is a new commercial symbol.According to the characteristics of APP logo,the APP logo can be divided into three types: functional description,brand characterization and innovative type.And it analyzes the related legal subjects involved in APP application software,including the owner of trademark rights,the developers of APP application development,the managers of APP mobile application store and consumers.Secondly,from the point of view of APP application developer,it analyzes theconditions of trademark infringement.The direct infringement liability of APP users should be started from two aspects: On the one hand,it is to judge whether the Internet upload behavior of APP logo is defined as trademark use.On the other hand,whether a certain degree of confusion for the public concerned.APP application developers use registered trademarks as their APP identification to upload to the mobile application store for consumers to choose and download and use the behavior to form trademark use.At the same time,it is easy for consumers to produce "confusion possibility",which constitutes trade mark infringement.From the point of view of Application Store Manager,taking App Store of Apple Corp as an example.It introduces the management mode and operation characteristics of the mobile phone application store.Its operation is closed,profitable characteristics and so on.The uploading behavior of APP application developers should have a higher duty of care.Then,from the subjectivity whether there is fault and objective measures taken to prevent the loss of expansion of two aspects of the application store managers may bear the legal liability for trademark infringement.And discussing the applicability of "red flag regulation" and "safe harbor rule" should be considered in the judgment of responsibility.But the premise of the two can be applied.Finally,this paper discusses the risk prevention measures of APP logo trademark infringement.For software developers,at the beginning of designning of application software,APP software should be developed without infringing the trademark rights of others.At the same time,they should do their own development of trademark protection work.Doing trademark registration of APP before uploading the app store.Prior to registration,commissioned professional intellectual property institutions to carry on the trademark appraisal to it.Or the category aspects of goods or services to be used whether it same or similar.In order to avoid the occurrence of trademark infringement litigation.In the period of application for registration but has not yet been granted trademark right.We can protect the trademark rights through the Anti Unfair Competition Law.Attention should be paid to the change of market situation after the trademark shelves.Avoiding the influence of trademark name dilution or even withdraw from the market,but the enterprise is not aware of the situation.ForAPP store managers,the strict verification of identity information of software developers should be strengthened.Whether a software developer is an individual or an enterprise.They should provide corresponding identification information.And establish the developer credit rating system and blacklist system.Application platform managers need to sign written agreements with software developers.The developer should ensure that the APP software developed should accord with the Trademark Law and the relevant laws and regulations.Trademark infringement will not be involved.In the event of infringement,the platform manager has the right to require the software developer to be responsible for the infringement dispute in accordance with the agreement.And they have the right to impose certain punishment measures according to the agreement.The application platform can be entrusted to the special intellectual property organization or professional auditor for online auditing.They can require the developer to provide the complete trademark right proof document.To avoid the occurrence of trademark infringement to the utmost extent.Setting up a report mechanism under the line,when the application platform receives the relevant obligee's appeal and objection.The decision should be made promptly after the preliminary examination of the rights of the obligee concerned.Noticing the offline processing of APP software.