The Theory Of Generic Names Of Trademark Law

According to the provisions of the trademark law, if a sign constitutes a generic names, registration will not be approved, even if already registered, anyone can also request to revoke the registered trademark. Therefore, whether the specific sign constitutes generic names, in theory and practice, it has the vital significance. From the judicial practice in our country, it has a series of questions worth further discussion about the identification of the generic names. Based on the "Jin Junmei" brand case, this article tries to analyze the standards of the generic names and related problems in practice.Besides preface and epilogue, this article has four parts:The first part is a brief introduction of "Jin Junmei" case. Through the case, We can extract the related issues of generic names, so as to draw out the core issue of generic names that can be used for the following discussion.The second part is "the influence of the generic names in the trademark law". According to the provisions of the trademark law, generic names cannot be registered as trademarks, even if the application is registered as a trademark, the trademark should also be declared null and void. If registered trademark evolved into common name, the registered trademark can be undid. Such provisions of the trademark law, on the one hand, is aimed at protecting the trademark law in the public domain, protecting the rights and interests of other business operators; On the other hand is to prevent someone’s monopoly,which endangers the fair competition in the market.The third part is "the basic rules about identification of the generic names ", as one of the most important generic names of standards is the main significance of the standard. The identification of the main significance, mainly through three criteria, the national standards, industry standards and convention. In addition, this part also annalyes the scope of the relevant public, the regional issues of the generic names of and the time node of the generic names.The fourth part is "the generic names of evidence rule". It analyzes the proof allocation of generic names and the relevant evidence category, such as evidence of the usage of other business operators, the evidence about the descriptions of magazines, journals, etc. Although some scholars put forward that it can use consumer questionnaire survey, but the production of the evidence and its probative is worth discussion.