Research On The Legal Issues Of The General Name Of Commodity

The general name of a commodity is a general term for a certain kind of commodity or service.Its main function is to distinguish the categories of commodities,and to convey the basic attributes of goods or services to the market,rather than the operator's information.In the field of trademark law,the determination of the general name has been a controversial issue,and it has been a difficult problem in the judicial trial.A case involving the generic name that the general time limit long trial grade,complex problems.The court heard a number of related disputes,but the verdict is sometimes very different results.A large number of appeals and the second instance commuted highlights China's current judgment of the general name still remains unclear.This paper attempts to improve the system from two aspects of the procedures for the determination of the generic name of goods and standards,mainly discusses the concept and characteristics of the generic name of goods,such as the subject and procedure and standard problems,combined with the basic theory of China's trademark law,and use the foreign judicial experience and theoretical achievements and put forward the main principle of China's legal cognizance of the generic name of goods and specific improvements,as China tries to determine the generic name of goods to provide a solution model.This paper is divided into three parts: the introduction,the main body and the conclusion.The main body is divided into four parts.The first part is an overview of the general name of commodity,and analyzes the concept,types,characteristics and legal significance of the generic name.The second part,the typical case of the general name of commodity and the main problems in the judicial.Including the identification of the main body and the process of the problem,that the lack of standard legislation,geographical scope and time standards,etc..The third part is the analysis of the basis for the determination of the general name of commodity.To analyze and evaluate the related factors of China's current judicial cognizance of the generic name,including national standards,industry standards,professional books,dictionaries,and emphatically analyzes the influence of time and region of the cognizance of the generic name.The fourth part,the principle of the general name of commodity and its improvement.The relevant public principle of cognizance of the generic name and the public interest principle in detail,and the combination of the United States and China's judicial practice,put forward the generic name of goods should be based on the relevant public cognition as the basis,but also based on the consideration of public interest and fair competition,can also be producers and operators as the main cognitive on the basis of.Then,the author puts forward some suggestions and supplements to the main body and procedure of our country,and finds out the solution to the problem of the common name determination in our country.