Study On The Legal Issues Of Trademark Registration Of Celebrity Names

With the development of the times,the right to name and the system of trademark rights are closely linked,and more and more names and trademarks appear in people's lives.The names of celebrities are gradually commercialized,and the act of rushing to register the names and trademarks of celebrities is not uncommon and can not be stopped.On the one hand,because of the huge commercial profits hidden in the names of celebrities,"near celebrities" can enable businesses to open the market at the lowest cost and obtain high profits in a short period of time;on the other hand,at present,China's crackdown on the act of rushing to register the names and trademarks of celebrities is relatively lagging behind,the cost of rushing to register is low,and the application for registration of trademarks is not strict,all of which lead to unscrupulous annotations.The booksellers' unscrupulous robbery.Obviously,the overflow of the act of rushing to register the names and trademarks of celebrities will bring about many negative effects,which will lead to a series of legal disputes about rushing to register the names and trademarks of celebrities.At present,in the judicial practice of our country,the disputes of rushing to register the names and trademarks of celebrities are mainly solved through the "adverse effects" clause,the "prior rights" clause and the name right system in the Trademark Law.Although these clause systems have certain regulatory effect on rushing to register the names and trademarks of celebrities,there are still vague trial standards and lack of prior examination in judicial practice.The system of punishment after the event and other shortcomings,the interests of the obligee have not been maximized protection,in the course of the trial of cases often trigger controversial focus.In accordance with the idea of "raising questions,analyzing problems and solving problems",the first chapter introduces three common focus questions in judicial practice through three cases of trademark disputes over the registration of names of celebrities in recent years.The second chapter clarifies the causes of common disputes,the applicable conditions of relevant laws and the reasonableness of case evaluation criteria through specific legal analysis.Chapter three discusses the current situation of the regulation of preemptive injection in China,reflects on the existinglegal defects and the absence of effective regulation mechanism,and puts forward specific suggestions from the angles of perfecting trial standards,defining provisions and norms,adding pre-examination system,post-remedy and punishment system,and establishing relevant linkage mechanism,so as to better suit the judicial practice.When solving the problem of rushing to register the names and trademarks of celebrities,the act of rushing to register the names and trademarks of celebrities can be effectively regulated.