On The Expansion And Restriction Of Trademark Right

Nowadays, the expansion and restriction of trademark rights are the two major trends in the trademark development. This thesis intends to make researches on the function enhancement of trademark, retrospectives the history of trademark development and sums up the development and changes of current trademark legal system. In this thesis, I would like to use the way of analysis, cited and comparison to show the current state of legislation and judicial practice in our country, promotes questions to the various forms of the expansion and restriction of trademark right, and then expresses my recommendations. The thesis is composed of three parts: introduction, body and conclusion. The body can be divided into four chapters:Chapter I : The general introduction of trademark legal system. This part is intends to introduce the concept of trademark and elaborate the evolution of trademark's function, takes the backgrounds of the history process of trademark legal protection, summaries the development and changes of trademark legal system, and then promotes the two major trends in the development of trademark, that is the expansion and restriction of trademark right.Chapter II: The expansion of trademark right. Firstly, this chapter exposes the legitimacy of the expansion of trademark right from the aspect of theoretical basis of intellectual property. Then, I cite the specific forms and the relevant legislative provisions. Finally, I sum up the legislation state nowadays on the basis of China's trademark legislation, and inspect the classic case in judicial practice.Chapter III: The restriction of trademark right. The restriction of trademark right is on the opposite side of the expansion of trademark right, so this chapter I choose to expose in the same way as I have used in Chapter II, I summaries the problems of the restriction of trademark right, promotes the problems and solves the problems. Firstly, this part exposes the basic theories of the restriction of trademark right. Then, I cite the specific forms, promote the questions and line up my own opinions. At last, this chapter is ended by the legislation and judicial practice of China to expose the China's current practice level.Chapter IV: Balance of the expansion and restriction of trademark right. No matter trademark right tends to be expanse, or tends to be restricted, the final goal of trademark legal system is to realize the interest balance of trademark. Therefore, this part firstly would expose the final object of the expansion and trademark restriction is interest balance. Secondly, this part would sum up the coordination principles of the expansion and restriction of trademark right on the basis of above exposition. The principles are: earlier rights protection, anti-fair competition coordination and adhere to an interest balance.