Research On Trademark Registration Of Intangible Cultural Heritage Names

Intangible cultural heritage is the foundation and source of human civilization evolutionand development as well as the spiritual home of a nation.The category of intangible cultural heritage in addition to place more show a kind of art,cultural heritage,and now art lost,culture extincted.At present,the discussion on trademark registration of intangible cultural heritage in China’s intellectual property circles mainly focuses on the registration as collective trademark or proof trademark,and there is a lack of research on the rationality of directly registering the name of intangible cultural heritage as common goods trademark and service trademark.This thesis chose to Tangpingbazhen case,discussing Intangible cultural heritage name trademark registration,the problems of the Intangible cultural heritage craftsmanship inheritor sole operates Intangible cultural heritage name trademark continuously,inheritance person can get right to the exclusive use of a trademark.Hope this thesis can provide beneficial reference about the intangible cultural heritage in China trademark registration for theoretical research and judicial protection.This text is divided into the following six parts of specific expansion :The first part mainly introduces the basic situation of the case in this thesis and summarizes the dispute focus of this case.On this basis,the distinctiveness of the name of intangible cultural heritage and the trademark registration subject of intangible cultural heritage and the way of registration are introduced.The second part mainly analyzes the current types of intangible cultural heritage trademark registration.The trademark registration forms of intangible cultural heritage are mainly divided into goods trademark,service trademark,proof trademark and collective trademark.It is common to register the name of intangible cultural heritage as goods trademark and service trademark,and the samples registered as proof trademark and collective trademark are few but more recognized by the academic community.The third part is to analyze the existing problems and defects of China’s trademark law in the protection of intangible cultural heritage,and summarize the difficulties in the application of China’s trademark law in the field of intangible cultural heritage,namely,the distinctiveness-doubt of intangible cultural heritage name,the difficulty in determining the subject of trademark right,and the conflict between theory and practice.At the same time,thenecessity of carrying out the protection of intangible cultural heritage is expounded.The fourth part discusses the improvement of the significance of intangible cultural heritage.it takes two steps from theoretical support to specific objects for significance recognition,clarifies the internal positioning refinement of intangible cultural heritage name trademark and the theoretical optimization of external trademark law.The fifth part emphasizes the identification of trademark registration subjects of intangible cultural heritage names.It is suggested that the inheritor of intangible cultural heritage skills should be the subject of trademark registration of intangible cultural heritage names,and restrictions should be placed on the cases of non-collective and proof trademarks.The sixth part discusses ethnic groups and technical associations shall be encouraged to register trademarks of names of intangible cultural heritage and establish a trademark registration supervision mechanism for inheritors of intangible cultural heritage skills.