Discussion On Trademark Protection Of The Scenic Spots’ Identity

With the development of the economy, people’s demand is increasing on thematerial and cultural life. Tourism is taking an important role both in the country’seconomy and people’s lives. Meanwhile, problems relating to it come out, one ofwhich is the intellectual property infringement.In recent years, many scenic spots, no matter famous scenic spots like the GreatWall, the Three Gorges, the West Lake or other places, all suffered from thetrademark preemptive registration, which attracts the notice of the public. In order toget the enormous benefits, people register trademarks on tourism-related service andproducts, as well as other unrelated precuts. The trademark preemptive registrationdamages the scenic spots’ brand image, making inroads on their reputation andproperty right, which also infracts the consumers’ reliance interests. Trademarkregistration is the most effective method to protect the scenic spots’ brand image frombeing preemptively registered.As for the problems talking above, the trademark law of our country gives nomeans of protection. For this reason, the paper mainly discusses around the protectionof the trademark of the scenic spots’ identity, by analyzing the extent andcharacteristic of the scenic spots’ identity and the reasons for the identity of the scenicspots frequently rush-registered, brings forward countermeasures for this problem.This article includes five parts:The first part gives a glance of the basic definition and characteristic of thescenic spots and their identity, using the literature research method, which lays thefoundation of this article.The second part talks about the importance of trademark registration of scenicspots by case study method, which includes helping to shape the image of touristattractions, expanding brand awareness, incentive tourist attractions innovationactivities to achieve healthy competition, conducive to the promotion and protectionof historical and cultural, to enhance tourism management level, promote long-termdevelopment of the industry and protect consumers several aspects of the interest. The third part gives the practicability for the scenic spots’ identity to gettrademark registration. From the39th class tourism services and other categories ofgoods and services on the two perspectives, the author identifies tourist attractionsdiscussed separately registered trademark significant problem, the followingconclusions: as an ordinary tourist attractions trademark logo at the39th class3911group travel service on lack of distinctiveness, but can be used as collective marksand certification marks registered; tourist attractions logo registered in the othercategories of goods and services was significant.This part lays the foundation for thefollowing parts, the analysis of the causes and protection measures of the protectionof he scenic spots’ identity.Part four analyzes reasons for frequently rush-registered after summarizing thecurrent situation of the protection of scenic spots’ identity, including people driven byprofit, trademark law and other relevant laws and regulations of the defects anddeficiencies, the lack of relevant departments and body awareness of trademarkprotection and travel industry management system imperfect.On the basis of the discussion above, the last part puts forward the relevantadvices of the scenic spots’ identity’s trademark protection from three aspects, toimprove tourist attractions and relevant authorities’ trademark protection awareness,and to improve the relevant trademark legislation, as well as to change travel industrymanagement. First, it should establish tourism enterprises and tourism administrativedepartments trademark protection concept; secondly, to improve the relevantprovisions of the Trademark Law, specific measures should be taken out to identifythe trademark of scenic spots’ identity, to recognize prior rights for the scenic spots touse trademark, to limit the transfer of trademark and to expand the scope of protectionof well-known trademarks; Finally, we need to reform the administrative system fortourism.