On The Judgment Of Generic Names Of Coods

In accordance with the law or national standards, industry standards which are generic names of goods, should be recognized as the generic names of goods. Relevant public generally considers that a name can refer to a class of goods, should be recognized as the generic names of goods. Unlike the trademarks used to distinguish the source of goods, generic name is used to distinguish the types of goods, both have the essential difference. But in judicial practice, need to refine the analysis of the actual situation. The judgment of generic names of goods need to consider from the body of judgment, geographical standards, time limits, infringement exemptions, judicial consequences, normative and non-normative questions etc. In regard to specific judgment criterions, our country lack specific legal provisions. The relevant provisions of the generic name of goods judgment are scattered in Judicial interpretation of intellectual property cases, and are unable to reconcile between the different provisions, resulting in the standards about judgment of the generic of goods not uniform in Judicial practice. At the procedural level, we have no independent program about the judgment of generic names of goods, so the judiciary can not determine the facts state of trademark rights timely. Viewing of the above issues, our country should clarify the scope of legal standards about the judgment of generic names of goods, ensure that the selections are unity; optimize the proceedings of the judgment generic names of goods cases, improving efficiency of lawsuit; establish the principle of judicial determination, clearing the authority and determination procedures of judicial organs, ensuring the authority of the judicial decisions, determining the facts state of trademark rights timely.