The Rights And The Fair Use Of Geographical Mark Certification Trademark

There is no proscription in Chinese laws and regulations concerning the rights and thefair use of geographical mark certification trademark currently. The ownership of thegeographical mark certification trademark belongs to the registered person. Productionoperator who meets certain conditions can use the trademark if the owner of a registeredtrademark authorizes another person to use his registered trademark. If the productionoperator does not make an application or he was turned down, he also has the right to use thetrademark names containing the source to show their products when he meets the certainconditions. There are contradictions between exclusive right of geographical markcertification trademark and rational use of other production operator. Many disputes aboutgeographical mark certification trademark are cased. Because there is no proscription inChinese laws and regulations concerning the disputes, we need to study the problem todeal with similar lawsuits. From the dispute of “ZhouShan octopus” certification trademark,the focus of the controversy in the case, analyzing the main focus of controversy, problemsabout geographical mark certification trademark with judicial practice are analyzed. Thereare three parts in this thesis.The first part is about briefs and the main focus of controversy. After introducing thebasic situation of the case, we summarize the focus of dispute in this case: the rights ofgeographical mark certification trademark, the standard of reasonable use of geographicalmark certification trademark, burden of proof in lawsuit. There is no provision about rightsownership of the geographical mark certification trademark. Trademark law regulatestrademark registrants shall enjoy the right to exclusive use of their trademarks, but it does notregulate ownership and right of usage. In addition, trademark law does not regulate thestandard of reasonable use of geographical mark certification trademark and burden of proofof the origin and quality of the goods in lawsuit. There is not a common consensuswith judicial practice.The second part is about analysis of the controversial points. Problems aboutgeographical mark certification trademark are analyzed in this part: first, the rights ofgeographical mark certification trademark. The ownership of the geographical markcertification trademark belongs to the registered person including using, stopping others from using and managing rights. But the the registered person does not have disposal and use rights.The use right of geographical mark certification trademark belongs to all of the productionoperators whose products meet the standard of the certification trademark, including memberenterprises and the non member enterprises. Secondly, the standard of reasonable use ofgeographical mark certification trademark. Geographical mark certification trademark isdefined from the types and constitutive requirements of the geographical mark certificationtrademark. The reasonable use of geographical mark certification trademark includescommercial and noncommercial reasonable use. Commercial reasonable use includesnarrative reasonable use and nominative fair use. Noncommercial reasonable use includescoverage focuses on the rational use of and the rational use of comments, funny and rationaluse of three cases using a dictionary or dictionary. Constitutive requirements of thegeographical mark certification trademark includes: the user is valid or not, this is limited tomember enterprises whose products meet the geographical mark certification trademark;purpose with good intentions is only for indicating the origin of a product. Usage behaviorshould be prevented if the relevant public feels confusion of the product origin andproduction companies are member companies produce confusion about the origin of a productor production operator is a member enterprise. Finally, it is necessary to identify the burden ofproof in geographical mark certification trademark lawsuits. The plaintiff shall prove thedefendant in an outstanding manner use the geographical mark certification trademarkwithout authorization. The defendant shall prove the product is from the geographic regionthat the trademark remark and the quality should meet the standard of the trademark inlawsuit.The third part is about how to apply law on lawsuits about the. It is about answers forthree problems in the second part, and how to deal with the problems in practice and analysisof the results of the controversy in the absence of legislation.