Study On The Fair Use Of Geographical Name Trademarks

The fair use of geographical name trademarks is a restriction on the rights of geographical name trademarks,a maintenance of the freedom to use public resources,and the use of the same signs as other geographical name trademarks to describe their products or service under certain conditions behavior.Generally speaking,the legitimate use of geographical name trademarks originates from the infinite expansion of geographical name trademarks and the comprehensive trade-off of public attributes.Its construction is based on the principle of balance of interests as the core of legal philosophy theory and the root of legitimacy.Investigating its development and evolution in China,the fair use system has been continuously completed in judicial practice since the "Regulations on the Implementation of the Trademark Law" in 2002,and has strived to take into account the protection of the exclusiveness of geographical name,and the public Freedom to use related toponymic vocabulary.However,in the judicial practice,the legal system of geographical name trademarks generally adopts the trademark infringement protection strategy,and the judgment standard is too simple and lacks pertinence.The purpose of this article is to improve the system of fair use of geographical name on the basis of full consideration of the peculiarities of the fair use of geographical name trademarks,in order to extend the system of fair use of trademarks.Through empirical research and case analysis of the judgments on the fair use of geographical name trademarks on the China Judgements online and Pkulaw's webside.I'm aware of the problems existing in the fair use of geographical name trademarks in judicial practice.Optimize the judicial identification of the fair use of geographical name trademarks,increase the awareness of enterprises on the operation of geographical name trademarks,enhance the effectiveness of regulatory authorities in therelevant market supervision,eliminate the unfairness of market competition,and protect the legitimate rights and interests of consumers.The research method of this paper adopts empirical research method and case analysis method.The content is divided into six chapters.Based on the relevant judgments collected by statistical analysis,relevant issues in the legitimate use of geographical name trademarks are discovered,and corresponding strategies are proposed for the relevant issues.The first chapter is about the introduction.This chapter mainly starts from the status quo of the use of geographical name trademarks in China,and leads to the research ideas,key issues and innovative significance of this article.The second chapter is about the theoretical root of the fair use of geographical name trademarks.This chapter analyzes the theory of legitimate use of geographical name trademarks,defines the conceptual connotation of the legitimate use of geographical name trademarks,and delineates the concept extension of geographical name trademarks,and finally achieves the purpose of deriving the standards for the legal use of geographical name trademarks.The third chapter is about the overall investigation based on the 34 judgments on the fair use of geographical name tradmarks.The purpose of this chapter is to take the34 judgments on the China Judgements online and the Pkulaw's webside as empirical research objects,to conduct an empirical analysis of the basic situation of the case and the current state of judicial practice,and to analyze the problems existing in the legitimate use of geographical name trademarks based on the statistics made.The fourth chapter is about a case study based on the two judgments on the fair use of typical geographical name trademarks.This chapter analyzes the relevant judgments from the basic facts of the judgment of the legitimate use case of the geographical name trademarks,the judgment of the court of first instance,the judgment of the court of second instance and the result of the judgment,and the thinking and evaluation of the first and retrial of the case Research.The fifth chapter is about the improvement of the system of legitimate use of geographical name trademarks in China.This chapter is mainly about perfecting the recognition system of proper use of geographical name trademarks,the scope of proper use,the management of related markets,and the registration system of geographical name trademarks.Chapter ? is about the conclusion.This chapter summarizes the viewpoints and conclusions mentioned in the article.It emphasizes the importance of establishing a system of legitimate use of geographical name,highlights the value of legitimate use of geographical name trademarks,enhances the application of laws on the legitimate use of geographical name trademarks,enhances the awareness of corporate geographical name trademarks,and integrates the corporate intellectual property strategy into the national intellectual property strategy.