Study Of Name’s Trademark Protection

The celebrity name itself has a very strong influence and the effect of advertising, and some of the registered trademark owners in order to quickly open the market and pursuit the short-term benefits. They registered the name of others as a trademark. This will caused conflicts of the prior right of name and trademark right. There are many cases in the judicial practice, such as “Jeremy Lin "," Jordan "case," Yi Jian Lian "case and so on. The courts and the Trademark Office will frequently cite the Article 99 of the general principles of the civil law “the right of name” clause, the Article 32 of the trademark “prior rights” and Article 10 of the "adverse effects" of the trademark law, Article 5 the "unfair competition" clause of the "Anti Unfair Competition Law". But there are similar cases having different reasons and results of the decision, which will not only lead to confusion in the law applicable, but also to bring a misunderstanding of the trademark market.The name right belongs to the scope of the right of identity, and the trademark is used to identify the source of goods or services, what is the link between the two. The name of "celebrity" is the bridge linking the two, or the commercialization of the name is linked to the bridge. On the basis of the above problems, the author thinks that the premise of the protection for name registration is the distinctiveness of the problem. Therefore, the author, on the basis of analysis the significant issues, propose the name trademark protection suggestions. I think the name itself as a sign of recognition, which belongs to the application of descriptive mark, the classification of ordinary name and celebrity name. At the same time, the author believes that the trademark law to protect the name trademark having its own point of view, that is, the nature of the protection of the name of the trademark law. First, the registered name should have the premise of the significance, and then analysis of the protection of the trademark.Based on the use of case analysis, analyzing the attribute of the right of name, the significance of the name itself and the nature of the protection of the trademark law, the author try to find a reasonable way to protect the trademark.This paper is divided into three chapters:The first chapter, from the problems of the judicial practices, through for name trademark case analysis and comparison, find the name trademark protection problems are "almost the same case having occurred in the different applicable law", the name trademark law applicable to the chaos.The second chapter, in the premise of the protection of the name trademark is the name of the significant problem. The name itself as symbol of recognition of natural person identity, and its application on the commodities or services similar to be descriptive signs, if it is a common name, due to a duplicate name exists on the phenomenon, so this chapter defining significant distinction has common name trademark and famous trademark of names. At the same time, the author defines the reasons for the protection of trademark law, that is, the commercialization of the name.The third chapter, this chapter focuses on the analysis of using others name to register trademark, concerning the application of law and judicial practice, often applicable law " trademark law " Article 10 " adverse effects " clause and Article 32 the " prior right " clause. Explore the registered in the name of others as a trademark of "adverse effects" of the meaning and the trademark law, "Article 10" bad influence "in terms of nature conservation interests. At the same time, the thesis analyses the" trademark law "deceptive" terms of the applicable conditions and trademark of "deliberately mixed with" the essence of proposed for "to name others registered trademark" can "prior right" clause proposed protection.The innovation of this article lies in, One of the first is to put forward the premise for the protection of the name trademark, for the significance of the name of the analysis, which is divided into the general name and celebrity name. Secondly, on the basis of the comprehensive analysis of the case, the existing law applicable to the existing name trademark protection is put forward. Finally, in contrast to the analysis of the essence of the "adverse effects" of "registered in the name of others as a trademark" and the essence of the "adverse effects" of the trademark law, put forward the applicable conditions.