On The Function Of Trademark Right

Trademark Law of China does not explicitly contain what functions dose the trademark right include,academia dose not do research on this problem,too.For the function of understanding regardless of collection rights from the right to say or can not say that the role of a good grasp of function meaning,combined with the study of ownership,intellectual property function,and function can not exist independently from the right,so the function should be the right of action or it embodies the features and specific content.Trademark function,refers to the trademark of a specific function or role,is derived from the specific content of the trademark out.Trademark function shall be determined based on the trademark itself,permit the right to transfer,pledge,etc.are not unique trademark,but in general are entitled to the property of ordinary property rights.Trademarks not refer to trademarks,it is not only for the registered trademark,which is visible invisible carrier of goodwill,the value is use.Its essence is private right,is a civil rights entity,whether it is from the creative labor theory,incentive theory and the theory of the balance of interests,given the trademark proprietor has legitimacy.Therefore,trademark function including function to use and function to forbid,specific performance rights to use and forbid.The former is a trademark of basic and core competence,which is an auxiliary function.From the trademark law system,it is necessary to introduce the concept of trademark and trademark established function,to improve the existing trademark registration acquisition mode,to trademark protection rights but also receipts perfect control mechanism,especially the establishment of trademark fair use system.