Research On The Issue Of Trademark "Saliency"

At the 18th National Congress of the CPC,the general layout of the "five-in-one" system of socialism with Chinese characteristics was put forward.The development of the market economy system in the economic field has increased the demand for intellectual property rights.With the amendment of the Trademark Law in 2019,the trademark office pays more attention to the actual use of the trademark,thus emphasizing the issue of trademark registration because of the distinctiveness of the use of the trademark.The trademark in the intellectual property is paid more and more attention in the development of enterprises and market competition,and it is a trend that the trademark obtains the exclusive right of the trademark through the use of the trademark.In the trademark infringement judgment standard issued by the State Intellectual Property Office in 2020,the protection of the trademark owner’s exclusive right to use the trademark is emphasized,which is a prerequisite for protecting the legitimate business interests of business operators,it has an impact on the acquisition mode of trademark registration in China and is of great significance to the acquisition process of trademark.In China’s relevant legal documents through the use of trademarks to obtain significance of the issue is too general and vague,difficult to deal with the complex situation in practice.The Provisions on trademark rights in the new German trademark law implemented in Germany in 2019,the new changes in the rules on the use obligation in the Korean trademark law amended in 2016,and the LANHAM act of the United States,which provides for the use of trademarks obtained,these have important reference function for discussing the trademark use factor in the trademark obtaining salience.In order to solve the problem of trademark use in trademark obtaining salience,first of all,the basic facts of a typical case,the result of the judgment and the focus of the dispute are expounded,from the dispute focus of three typical cases,the paper concludes that the use of trademark in obtaining trademark saliency needs to study the core issues,this paper discusses the importance of trademark use factors to trademark gain prominence from the perspective of the legitimacy of trademark gain prominence,and compares the inspection requirements of trademark use factors under different trademark right acquisition modes,at the same time,the author compares the Trademark Use in the Trademark Law of the countries of the common law system and the continental law system so as to perfect the significance of trademark use in trademark law of our country,in order to solve the problems in trademark disputes,the author analyzes the core factor of trademark use by the way of judging the use of trademark to obtain prominent trademark.