A Research about the Determination of the Generic Name in the Trademark’s Field
|School||Huazhong University of Science and Technology|
|Course||Civil and Commercial Law|
|Keywords||Generic name Trademark Relevant public Time standard Space standards|
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 .