Dissertation
Dissertation > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law

A Research about the Determination of the Generic Name in the Trademark’s Field

Author ZhangYaZuo
Tutor LiYang
School Huazhong University of Science and Technology
Course Civil and Commercial Law
Keywords Generic name Trademark Relevant public Time standard Space standards
CLC D923.43
Type Master's thesis
Year 2011
Downloads 39
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The dispute caused by the common name in the field of trademarks for a long time , no the clear generic name identification standard judicial practice , determine that the Trademark Administrative identified and judicial confusion . In this paper , various disputes departure from the common name currently exists in our country . First, a detailed analysis of the generic name and the name of the variety , the unique relationship between the name and distinction . The name of the variety is essentially is a generic name but with different generic name . The unique name is not a common name , the distinction of the judicial practice of great significance . Secondly , the related practical problems encountered by our summarized . Then , from the point of view of the trademark functional requirements and the public interest protection two discusses the common name is not suitable for use as a trademark . From national legislation , Japan , the United States , Germany , in the trademark identified excluded generic name , and trademark law does not recognize common name can use to obtain significant . France and China in the legislation does not exclude the the significant generic name become Trademark possible . This article discusses the reasons for the different national legislation . And national legislation , although there are different , but in the cases, if the identity is considered \The way to solve our problems is to identify the generic name of that standard . From the national judicial practice \I believe that the public, including the operators and sellers , in fact, the goods or services \Then , I believe that space standards and time standard is also very important . They are combined with the main criteria of the \Such judgment to be more accurate . The article also discusses the role of the reference standard judicial practice often . Finally, China's legislative recommendations in three areas . ( 1 ) clear legal definition . Should determine the three criteria , and a reference standard . For the definition of \( 2 ) increase the necessary rights of the trademark owner . ( 3 ) a clear legal consequences .

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