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On The Protection Of The Unregistered Chinese Translation Rights Of Foreign Language Trademarks

Posted on:2021-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y X TuFull Text:PDF
GTID:2416330614970709Subject:Law
Abstract/Summary:PDF Full Text Request
In the era of economic globalization,foreign enterprises and trademarks flood into the Chinese market.And the composition of foreign word mark mostly based on the native language,before the brand to enter the Chinese market,the Chinese translation is not necessarily can be used as a trademark was registered in time or,therefore has the potential to cause its Chinese translation by other enterprises registered trademark or enterprise name to use first,due to the trademark rights of regional features,the trademark registered in a region may not able to gain legal protection in other regions,the resulting disputes.To study the protection of unregistered Chinese translated names of foreign trademarks,on the one hand,we can start from the protection conditions of the translated names of trademarks,construct reasonable rules and standards of adjudication,and improve the protection system of commercial signs.On the other hand,it can protect some internationally renowned trademarks from being affected by infringement in China,so as to provide better goods and services for Chinese consumers.Combining with the practice of trademark translation and Chinese identity conflict of related cases,based on the analysis of the existing legal system for protection of trademark translation,on the basis of exploring the problems existing in the judicial practice,summarizes the theory for trademark translation protection requirements of the different understanding,combined with the "trademark law","anti-unfair competition law",legal basis for the analysis of the protection of foreign trademark translation legitimacy,combingthe points of difference related cases the referee,summed up the current legal protection of trademark translation,based on this,advances the conditions of the trademark translation can be protected,and put forward Suggestions to regulate malicious registered translation behavior.
Keywords/Search Tags:foreign trademark, unregistered Chinese translation name, principle of locality, popularity of trademark, correspondence of relationship
PDF Full Text Request
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