On Relevant Legal Issues Of The Geographical Indication Trademark

With the improvement of our national legal awareness and the improvement of intellectual property system,more and more people begin to pay attention to the trademark system of geographical indications in our country.The geographical indication trademark system is an important component of China’s intellectual property system,and the goods indicated by it often come from a specific region,and the quality,reputation and other characteristics of the goods have a great correlation with the natural and human factors of the specific region.China’s geographical indication trademark goods cover a wide range,from crops such as apples,peaches,peppers to local snacks such as rou Jia mo,Hu spicy soup and then to bean paste,mustard and other condiments have geographical indication trademarks.At present,there are many legal disputes in the process of using geographical indication trademarks in China.Under this background,this paper takes three typical judicial cases of geographical indication trademark infringement as the entry point and summarizes the corresponding case dispute focus,thus leading to the lax examination of registration subject conditions and frequent infringement in China’s geographical indication trademark system.Legal problems such as unclear conditions of fair use system.Through the analysis of these three typical cases,we seek solutions to relevant legal problems,in order to reduce the legal disputes that small and micro enterprises and self-employed people may face when using geographical indication trademarks in the future,and at the same time make some contributions to promoting the improvement of China’s geographical indication trademark system.The first part of this paper introduces three typical cases of geographical indication trademark disputes,and summarizes some disputes existing in the process of using geographical indication trademarks,and finds some legal problems existing in geographical indication trademarks by analyzing these disputes.The second part is the legal analysis of this article.Firstly,it summarizes the geographical indication mark and explains what the geographical indication mark is and the type of geographical indication mark.Secondly,the legal process and protection status of writing geographical indication trademarks;Finally,write the difference between the geographical indication trademark and the ordinary commodity trademark,the ordinary collective trademark containing the place name.The third part describes some problems existing in the protection of geographical indication trademarks.First,it discusses the lax examination of the registration subject conditions of geographical indication trademarks.Secondly,write the serious infringement of geographical indication trademarks;Finally,I write the problems existing in the system of fair use of geographical indication trademarks.The fourth part of the above-mentioned issues in turn to propose solutions.The first is to make clear the review focus of the main conditions of geographical indications trademark registration,and the second is to put forward suggestions from five aspects to strengthen the protection of geographical indications trademark infringement,finally,write clearly the relevant conditions for the rational use of geographical indications trademarks.