On The Protection Of Game Name From The Perspective Of Trademark Law

From the perspective of trademark law,game name and trademark can indicate the source of goods or services.When the game name is a trademark,its source significance and difference significance are the justification of the game name as a trademark.Source significance refers to the fact that game names,as trademarks,can not be confused with other names,and can indicate the characteristics of service providers;difference significance refers to the fact that game names and trademarks gain certain popularity after use,and can be distinguished from other names through popularity.At present,game name trademark is mainly protected by trademark law and anti unfair competition law.Trademark law mainly protects registered trademarks and unregistered but influential trademarks.When the game name is registered as a trademark,it is necessary to avoid using the name with adverse effect,descriptive name and common name as a trademark alone;when the game name is not registered but has certain influence,it is possible to choose to register in time or add recognizable marks for its own trademark when others register.The anti unfair competition law is to protect the game name and trademark through the protection of the commodity names that have certain influence.At the same time,it is necessary to clarify the cases related to the game name and trademark that are regulated by two laws respectively.The high incidence of infringement cases of game name and trademark is only the appearance of insufficient trademark protection.There are four major problems to be solved: first,there is unclear definition of the meaning of "certain influence" in the legislation,which will affect the application of the law for the protection of game name and trademark;second,there are problems in the judicial judgment,such as the difficulty in identifying the behavior and the difficulty in determining the amount of compensation,which may be given to the obligee The third problem is that the trademark management organization does not review the registration in place,which makes the maliciously registered trademark become a fish out of the net.The fourth problem is that the trademark owner's right consciousness is weak and the self-discipline supervision of the game industry association is not in place.Through the analysis of the problems,four countermeasures are put forward: at the legislative level,the "certain influence" in trademark law and anti unfair competition law is clearly defined,that is,to unify the meaning of "certain influence" in the two laws,to identify "certain influence" in anti unfair competition law as a reference range consistent with "certain influence" in trademark law,and according to the phase of the Supreme Court On the judicial level,through the summary of the existing cases of game name trademark infringement guidance,we can build a unified judgment rules and improve the basis of the amount of infringement compensation.For example,in the determination of whether the act is infringing or not,we should first use "non trademark use" to exclude some cases that are not infringing the trademark right,and then use the general theory of trademark infringement to determine whether the trademark is the same or similar.At the same time,we should also combine the factors such as the popularity of the goods,the significance of the difference,and the possibility of confusion to determine.In the determination of the amount of infringement,the relevant evidence collection measures,the focus on the duration of infringement,the attitude of the infringer to admit mistakes and other factors should be taken as the basis for the determination;in the level of law enforcement,the trademark management organization should improve its duty of review and evaluation of the game name and trademark;in the level of industry self-discipline,the obligee should actively safeguard the rights,break through the simple litigation method and multi-channel safeguard the rights;the game industry association should strengthen the industry Supervision,creative application of blacklist system to regulate the behavior of game enterprises.Therefore,a comprehensive protection system of game name and trademark is established to make the game industry develop healthily and the relevant audience get more professional game experience.