Service Mark Infringement

The Research on the Tort of ServiceTrademark RightManagement Science and EngineeringPostgraduate Dong YanwenSupervisor: Huang YoulingThe more attention people pay to the intellectual propriety, the more attention people pay to the problem of the tort of trademark right. Here author prefers two problems to be research objectiVes: One is the analysis of the tort action on service trademark right. The other is how to protect against the tort.This paper .is divided two parts.The first part: the theory analysis of the tort of Service Trademark Right. First of all, author defines "Service" and "Service Trademark" two conceptions, explaining the scope of service industry, specialty of the service industry, origin of service trademark, the role of service trademark. Secondly, the paper introduces the "Service Trademark Right" and describe its specialty~. scope and the way to get it. The most important point of the first part is the analysis of the tort of Service Trademark Right. Which includes the cause~. performance and essence of the tort. Author put forward some trot facts that law hasn't defined them.The second part: How do enterprises protect against the tort. First, the treasure to stop the tort. Author provides two ways: protecting by law & protecting by administration. There are some differences between the two ways. In order to make a choice, one should know more clearly about them. Secondly, damage fee problem. Author analyze the principle~. scope~. methods~ difficulties, and provides a new way to compute the damage fee.There are some applications of laws as well as thinking of the perfecting laws.The main ideal of the author is to provide a new way to protect against the tort of the service trademark right.