Research On The Overlapping Of The Scope Of Trademark Protection

In theory,the exclusive right to use trademarks and the forbidden right of trademarks,as two "weights" to maintain the balance between different trademark rights,should have "lived in peace" in the trademark rights system and would not overlap and conflict with each other.However,in reality,due to the fuzziness of the boundary of the forbidden rights and the contradiction between people's infinite desires and limited resources,there is a phenomenon of overlapping the scope of trademark protection.So this article takes the case of "Daoxiang Cun" as the breakthrough point,and introduces the basic meaning and manifestation of the overlapping of the scope of trademark protection phenomenon.In addition,the causal chain of overlapping trademark right scope is interpreted from the two dimensions of micro-analysis and macro-analysis.At the same time,on the basis of summary of judicial experience at home and abroad,the court should follow the principle of balancing of interests,using the principle of good faith,to maintain the normal business ethics value orientation.Under the inclusive development point of view,trademarks should be allowed to coexist.In addition,it clarifies the scope of obligations of trademark owners in specific economic activities by dividing the business area of offline transactions and declaring on the prominent position on the online trading platform.In order to achieve the goal of balancing the rights and interests of the trademark owners to the maximum extent under the overlapping of trademark rights,the trademark owner can be encouraged to use the trademark in a standardized way by means of coexistence.This paper is divided into four chapters:The first chapter outlines the overlapping of the scope of trademark protection phenomenon.Based on the case of "Daoxiang Cun",this paper expounds the meaning of the overlapping of the scope of trademark protection,which is,the scope of trademark exclusive right protection overlaps with the scope of trademark forbidden right protection owned by different trademark owners,and the overlapping of the protection scope of different trademark forbidden rights.It also expounds the manifestation and legal effect of it.The second chapter analyzes the causes of the overlapping of the scope of trademark protection.This part mainly analyzes the chain of causality of the overlapping of the scope of trademark protection from two dimensions of micro-analysis and macro-analysis.It emphasizes that based on the existing legal factors,economic factors,social factors and different cognition of rights,the overlapping of the scope of trademark protection is inevitable and objective.The third chapter analyses empirically the overlapping of the scope of trademark protection.Through the analysis of domestic judicial cases,it is found that most of the courts at all levels have not explained the basic principle of dealing with this problem.In addition,it is found that the mode of exclusive application of trademark forbidden right from the perspective of universal application infringement has some drawbacks.The fourth chapter expounds how to legally solve this problem.Based on the analysis of overseas experience,it is concluded that paying attention to the balance of interests of all parties should be followed in dealing with the overlapping of the scope of trademark protection.It is suggested that the priority should be given to the protection of the active right of the registered trademark in order to solve the problem of the scope of trademark exclusive right protection overlaps with the scope of trademark forbidden right protection owned by different trademark owners.In addition,in the view of the overlapping of the protection scope of different trademark forbidden rights,the co-existence of trademarks should be adopted,which is not from the perspective of infringement.