| Secondary implication trademark, which is one of the most important parts in our revised trademark law, only includes some simple principles and lacks of operability. In other countries especially in American, the doctrines on the secondary implication trademark are properly emphasized and the peculiar qualities including the applicable ranges and identification criteria and the restricted rights of the secondary meaning are confirmed in judicial practices. Drawing on the experience of outside and abiding by our trademark law, the applicable ranges for secondary implication trademark should be extended to generic names,descriptive terms,geographic names and other lack of distinctive marks. The objective standards and the subjective standards for secondary implication trademark should include respectively the length of time,the sales volume,the approval certificates from concerned institutions and the attitude evidences from the consumer. And the rights of secondary implication trademark should be restricted to the reasonable use,exhaustion of right,pre-use and other noncommercial use. |
