The Legal Thinking Of "Cabernet" Trademark Case

“Cabernet”, a famous brand of more than seventy years which be cultivated byzhangYu company, after a decade dispute,“Cabernet”keep the position of registeredtrademark, but eventually“do the wedding gown for others”, become a object whichbe reasonable used, the ending is really regrettable. The final reason is“trademarkgeneralization”. The so-called trademark generalization refers to a trademark,especially a trademark which obtaining certain social popularity, the significant oftrademark is weakened gradually in the process of publicity and use, thus become thegeneric names of goods in the public domain.This article through the research of main legal problem which be involved in the"Cabernet" trademark case, putting forward some risk prevention and remedymeasures of trademark generalization. In order to training and enhance the riskprevention of trademark generalization in the business process, use the trademarkcorrectly and properly, and make a complete trademark protection strategy, so can doa job with skill and ease when the danger of trademark generalization occurs, and reinthe tragedy of trademark generalization happen timely and effectively. The maincontent is divided into five parts:The first part is an overview of the case of "Cabernet" trademark, and summedup the contention of the parties to the dispute.The second part is the problem of identification of the generic name of goods.This section explore the generic name of goods, the theoretical problem of meaning,characteristics and criteria, "Cabernet" is a commodity common name to makejudgments.The third part is the generic name of goods, the trademark registration. Theargument commodity common name in part by the principles and exceptions canbecome a registered trademark as to solve the theoretical support of the Cabernet "trademark registration issues.The fourth part is a registered trademark of Fair Use. A registered trademark inthe "Cabernet" is bound to involve the rational use of this part of the basic theory oftrademark fair use.The fifth part is to describe the revelation to us from "Cabernet" trademark case.The article puts forward some risk prevention and remedy measures of trademarkgeneralization to use the trademark correctly and properly, and prevent trademarkgeneralization effectively.