Study Of The Protection For The Right Of Name In Trademark Registration

Under the condition of rapid development of China's market economy,,trademark as an important carrier of excellent business reputation can bring very obvious added value.Registering someone else's well-known name as a trademark can be a shortcut for companies which don't want to make a long-term effort and want to quickly gain market recognition.This phenomenon has aroused people's discussion on the protection of name right in trademark registration.For example,the trademark case of Yao Ming and the trademark case of Jordan have come into people's attention,and people begin to have some understanding of the infringement of the right to name in trademark registration.How to protect the right of name in trademark registration has also become a hot issue of current people's concern.The infringement of the right to name in trademark registration will not only damage the rights and interests of the right holder,but also do harm to the vast number of consumers and cause market disorder.Therefore,an in-depth analysis of the protection of the right to name in trademark registration and the finding of effective protection methods are not only necessary for the protection of people's legitimate rights and interests,but also for the healthy development of China's economy.On the basis of understanding Jordan case,this paper gives consideration to the protection for the right of name in trademark registration.By expounding the relevant theories of the protection for name right in trademark registration,the author has a general understanding of the protection of the right of name in trademark registration.At the same time,by combined with the current situation,this paper analyzes the main problems faced by the protection for the right of name in trademark registration,that is,insufficient protection of the property interests of the right of name,the lack of clear standards for the provision of prior rights,and the confused application of the adverse effect clause and other provisions in practice.In this paper,the scope of the practice of some countries,public right system to the United States,Britain,v.of "fake" unification of Germany as well as the right pattern compares and analyses the theoretical basis and the judicial practice according to status quo of China's legislative,judicial,seek methods of protection the right of trademark registration in the name,and put forward some Suggestions: Improving the provisions of the law to protect the property interests of the name,expanding the connotation of the name right and establishing property damage compensation system to adapt to the commercialization tendency of the right of name;Improving the provisions of prior right clause and adverse effect clause to better solve the problem of protection for right of name in trademark registration.Due to the imperfection of legislation,there is no consensus in the academic circle on many issues.At present,there are still many issues to be studied.Based on my own understanding of the protection of the right to name in trademark registration and the beneficial experience of previous explorations,this paper attempts to put forward my own opinions in order to provide some help for the solution of the problem.This article innovation lies in the comprehensive analysis on the basis of existing literature and relevant cases,combined with the content of the name right in civil law protection system and the relevant provisions of the trademark law,the analysis of the root of his name right infringement in trademark registration,and the United States,Britain and Germany the reference solution of protection the right of trademark registration in the name of,on the basis of mature experience,this paper discusses how to protect the right of name in trademark registration,and the name property on the terms of the protection of the interests,perfecting the prior right and perfect on the terms of adverse effects these three angles,to solve the conflict of both their personal Suggestions,In order to be able to trademark registration in the protection of the right to name to contribute to the solution of their own strength.