A Research About The Determination Of The Generic Name In The Trademark's Field

So many years generic name caused issues in the field of trademark. Because generic name has not recognized standard in the judicial practice, there were much confusion in the trademark administration recognizes and the judicial determination.At first, the article discussed the relationship and difference between the generic name, variety name and unique name. The variety name materially belongs to the generic name, but also has some difference. The unique name is not the generic name. All of them has the important meaning to the judicial practice. Second, sum up the confusion of China. We could know some questions which need to find answers. From two point, the trademark own function request and the public benefit's protection, the generic name is not appositeness to be the trademark. Look from various countries' legislation, such like Japan, US, Germany and so on. It is recognized that generic name is not belong to the trademark's field. And the law of trademark didn't acknowledge that the generic name could have significance through anyone used it. France and China are different. This article discussed the reasons of the various countries' legislation are different. Although they are different, the generic name is not allowed to be the trademark. If we need to resolve our problems, we should establish some standards of the generic name.The related public is a main judgment standard. The author thought that the related public including the operator and the distributor, in fact is this commodity either the service"the demand"or"the buyer". Then, the author thought that the spatial standard and the time standard are also important. They unify this main standard. The way can be more accurate. This article also discussed some reference standard which appears frequently in the judicial practice.Finally, the article gave some advice of Chinese law.1,We should define some legal definitions and establish the standards.2,We should increase the trademark obligee's essential right. 3, legal consequences should be explicated.