Study On The Legal Issues Of Trademark Registration Of Public Character Names

Public figures have traffic,which are familiar to the public,and even many public figures have a large number of fans.Thus,their names contain huge commercial interests.Some people seize the business opportunities,maliciously rush the names of public figures,take the celebrity’s free car to make profits for themselves,seriously damage the rights and interests of celebrities,even cause damage to social interests.In the framework of trademark law in China,this phenomenon is mainly regulated by the "adverse effects" and "prior rights" provisions of trademark law.Although the Trademark Law of our country has been amended many times,there are some problems in the system,such as the unclear connotation and extension of the "adverse effect" clause,the inconsistent judgment standard and the unclear boundary of the prior rights.In the aspect of system,there are some problems in the mechanism of trademark acquisition and trademark punishment and relief system afterwards.It is because of the related legal provisions and legal system,there are many problems and deficiencies,which makes the phenomenon of preemption more than one stop,and judicial disputes such as different judgments in the same case frequently appear.This paper attempts to make a comprehensive and in-depth study on the legal issues of public names and trademarks.This paper is divided into three parts:introduction,text and conclusion.The main body of the text is divided into four chapters.The first chapter is the summary of the public figures’ name and trademark.Firstly,the paper introduces the types of public names and trademarks and three typical cases about the public names and trademarks,which are "Jordan and Tu" trademark disputes,“QIAODAN” trademark disputes and "ZHAZHAHUI" trademark disputes,which leads to two legal problems in the public name and trademark rush,which are the "bad effects" of the name and trademark The standard of identification of confusion and trademark damage of prior name right is not clear.Finally,the necessity of regulation of public names and trademarks is discussed from the perspective of abiding by the principle of honesty and credit and protecting the personal rights and interests and social public interests.The second chapter is the system analysis of the regulation of the name and trademark of the public figures in China.First,the article analyzes the application of the "adverse effect" clause,including the connotation and extension of the "adverse effect" clause and the factors of the application of the "adverse effect" clause.On this basis,the paper discusses the judgment standard of the "adverse effect" clause of different types of public figures’ name and trademark.Secondly,the article analyzes the application of the "prior right" clause,including the connotation and application space of the "prior right" clause in the trademark law,the specific analysis of the object scope of the name right in the prior right,and the identification elements of different types of trademark damage to the public figure’s prior name right.Finally,the article analyzes the application of the regulation of the name and trademark of other public figures.The third chapter is a reference for the experience of the regulation of foreign public figures’ name and trademark rush.First,the author explores the American open right model,and then draws some enlightenment from the regulation of American trademark rush.Secondly,the paper explores the system of trademark intention explanation in Japan,and then draws some enlightenment from the regulation of Japanese trademark rush.Finally,the author explores the mode of the fraud lawsuit in the UK,and then leads to the relevant enlightenment of the regulation of the UK trademark rush.The fourth chapter is the perfection of the regulation system of public figures’ name and trademark rush.From the legislative and judicial level,the author puts forward the relevant experience of regulation of public figures’ name and trademark rush.At the legislative level,we should improve the relevant provisions of the "adverse effects" clause,improve the relevant provisions of the "prior rights" clause,localize the trademark intention explanation system,and improve the punishment and relief system for the public name and trademark rush;at the judicial practice level,we should clarify the applicable limits of the legal provisions,and refine the "adverse effects" of different types of public figures’ names and trademarks The standard of identification,and the improvement of trademark damage to the public figure name right.We hope that this will provide a practical solution for the legal regulation of public name and trademark.