Research On APP Logo Protection From The Perspective Of Trademark Law

With the popularity of smart phones and the development of mobile Internet,APP industry rises rapidly and is gradually closely connected with people's life.At present,the APP market is increasingly prosperous,and problems related to intellectual property are also frequent.Especially,the trademark infringement of APP logo and other illegal disorders are prominent.The trademark protection of APP logo needs to be attached great importance.In the current era of "Internet +",the country strongly supports the development of mobile intelligent terminals,and effective trademark protection for APP logo will be supported.The trademark protection of APP logo is not only conducive to protecting the rights of intellectual property from infringement,but also can promote the prosperity and development of APP industry and even the Internet economy.This paper is divided into four parts.The first part firstly points out the composition and characteristics of APP.APP logo and application together constitute APP,which needs to be defined.This part also analyzes the components and types of APP logo.The legal attribute of APP logo is a type of commercial logo.According to the demonstration of labor property theory,the trademark protection of APP logo is justified.The second part compares the protection modes of APP in trademark law,patent law,copyright law and anti-unfair competition law.The third part demonstrates the problems in APP logo and trademark protection from three aspects.The first is the absolute validity of registration principle,which ignores the status of use in application for registration,lacks sincere intention of use.The second is that the trademark registration category of APP logo is not comprehensive,and the relationship between the core scope and the basic scope is not clear.The third is the role of APP stores in the protection of APP logo.APP stores should have certain duty of care and strictly apply the safe harbor rule to maintain a balance.The fourth part summarizes the suggestions for the improvement of Chinese trademark protection system,as well as the suggestions for APP developers and APP store managers.