On The Legal Issues About APP Logo As Trademark On Mobile-internet

Due to the policy of "internet+",the APP industry on mobile-Internet become prosperous and active.The separation of the APP application and the APP logo makes the protection of the APP logo out the Patent Law and the Copyright Law,which cause the argument about the legal attribute of the APP logo.Thanks to the little difference between the APP logo and other marks,evidence should be improved to show whether APP logo is the object of the trademark law.Otherwise,,the subject of APP marks infringement is difficult to determine result from the rapidly changes on the mobile-Internet.And then,people put their eyes on how to apply the standard of infringement and avoid the liability.The reason why parties likely to seek the protection of trademark law for APP logo infringement may take the legal provisions at present into consideration.This article attempts to force on the infringement of mobile-Internet APP markers in recent years,by means of comparing the differences between APP markers and other commercial signs to analyze the rationality of let APP logo under the adjustment of trademark law.Besides,evaluating the behavior of APP mark makers and the third party service providers under and the legal relationship of the trademark to explain the obligations to them.Finally,analyze the legal provision and juridical practice,the article puts forward suggestions on the regulation of trademark infringement about APP mark.This paper is divided into five parts.In the first part,we propose the separation of the APP application program and the APP logo,which is the object we discussed in the thesis.Secondly,from the characteristics of APP logo,such as the number of it is quite large,the development is not enough and the life cycle is short,which lead to the infringement of APP marks on mobile-internet field frequently.Finally,describing the current APP logo infringement as well as the fact that parties are likely to put it under the adjustment of the trademark law.Thus,the APP logo is defined in the scope of trademark legal relations.The second part is following the argument APP mark belongs to the trademark legal relationship adjustment scope above.In the new environment,even though APP marks' patterns and characteristics are differ from the traditional commercial marks,the significant part of APP marks show that they can be attributed to the protection of the trademark law.In addition,according to the contrast between APP logo and the well-known trademark,domain name,special symbol,we are going to discuss how to apply the relevant provisions of the trademark law as follows.The third part mainly about whether uploading the APP logo onto the third part platform is a kind of way to use the mark commercially according to the relevant provisions of the trademark law at present.Furthermore,APP logo sometimes is the same as the traditional mark,which distinct the different APP.It means once caused confusion;we can apply trademark law to judge infringement.What's more,take the characteristics of the mobile-Internet into consideration,especially the reverse confusion.At the same time,combine with relevant cases to support the view.The fourth part mainly talk about another subject of APP logo infringement,the third party service provider of the party service provider,analyze the application of the standard of infringement and exempting the liability.Actually,the third party service provider has right to pass or kill the APP which APP makers uploaded.Therefore,they are required higher responsibility of checking the Status of intellectual property rights in order to decrease the infringement.In the case of exemption,restrictions are more limited."Safe harbor" rule is more stringent in order to balance the interests between the parties and the APP service provider.At the same time,combine with the actual case to support.The fifth part is on the basis of the former chapters,mainly to sum up the experience of judicial practice,meet the application demands.And then,put forward some suggestions on the improvement of Trademark Law and the Anti-Unfair Competition Law(Revised Draft)to promote the system design more balance.