Study On Limit The Rights Of A Registered Trademark

Under the premise of socio-economic development, the trademark value isincreasingly important. However, the study of the registered trademark rightsrestrictions still in the prototype stage. Type the registered trademark rightsrestrictions contained in many types, however, fair use, prior use, exhaustion, parallelimports are the main performance. The article49of the Trademark LawImplementing Regulations of China has had a number of provisions regarding the fairuse of the trademark. However, several other types of requirement does not involved.This paper is based on practice through case analysis, in a more detailed mannerdemonstrates the necessity of the existence of the right to limit the registeredtrademark: while protecting the rights of a registered trademark, registered trademarkbalanced with the use of the trademark rights of other people without their consent,and the interests of consumers, in order to better achieve the Trademark Law ofhonesty, fairness and justice values.The main body of the article includes the following four aspects: First, limit the rightsof a registered trademark overview, mainly related to the concept of limiting the rightsof a registered trademark, and a registered trademark of the theoretical basis of therights of limitations and other intellectual property rights restrictions similarities anddifferences. The second is the analysis of the limitations of the rights of a registeredtrademark, and various types of its necessity to elaborate. Third, by examining WangLaoji v. JDB case, the rights vested in the case of the presentation of the addedbenefits of the registered trademark and a registered trademark of the issues of humanlimitations analysis, and further demonstrate the right to limit the study registeredtrademark necessity. Fourth, the combination of domestic and international trademarkrights related to restrictions imposed by the current status of the legislation, putforward a perfect suggestion.This paper uses three methods:(1) case analysis: the analysis with case related issues,and help explore the understanding of concepts and topics.(2) comparative study oflaw: the right to limit our registered trademark comparative study with the relevantlegislation of foreign help improve our legislation.(3) literature analysis: full use ofnetwork resources, pay close attention to the latest developments related to trademarkright, collecting information related to this.