A Study On The Application Of Derogatry Terms For Trademark Registration

In the increasingly competitive market economy system,how to pay more attention to many competitors,a lot of businesses are racking their brains for this.As an image of an enterprise,trademark has irreplaceable commercial value.However,there are many problems in trademark registration.Trademark has positive meaning and negative meaning,positive meaning of trademark of course we actively encourage,but negative meaning of the trademark should be boycotted? Not exactly.As a kind of commercial speech,trademark should also have the right to freedom of expression.At present,what is stipulated in China for the examination of trademark registration is not exhaustive,especially the reasons for prohibiting trademark registration are too general and too general,and there is no too detailed provision for the "adverse effects" clause.This leads to the examination of trademark registration at the discretion of the trademark examiner or judicial officer,which is not conducive to the stability of the application of the law and the credibility of the judiciary.This paper mainly discusses the application for trademark registration in derogatory terms.The first chapter is introduction.This chapter introduces the research background,significance and research status of the American classic case of "The Slants" trademark.The second chapter is the definition of the derogatory identification.This chapter mainly explains the understanding of "derogatory" and interprets the "adverse effects" in the corresponding articles of trademark law in China.Finally,it explains the relationship between "derogatory" and "adverse effects".The third chapter is the present situation of the derogatory mark application for trademark registration.This chapter mainly studies the current situation of the application for trademark registration of derogatory labels,looks up the cases oftrademark application for registration of derogatory terms at home and abroad,and summarizes and classifies them.This paper summarizes the differences between the different processing results of different types of derogatory terms applying for trademark registration,and summarizes the derogatory marks.Chapter four is the theoretical basis of derogatory mark application for trademark registration.This chapter discusses the theoretical basis of derogatory mark application for trademark registration.First,the essential attribute of the trademark is defined;secondly,the trademark is used as the relation between the commercial speech and the freedom of expression;the relationship between the registered trademark and the will of the state is renewed;and finally,the trademark is introduced as an identification mark and the relationship with the cultural orientation.The fifth chapter is the perfect opinion of trademark law and trademark examination.In this chapter,on the basis of sorting out the cases and discussing the theoretical basis,according to the actual situation of our country,the author puts forward some suggestions on legislation and judicature on the issue of applying for trademark registration in derogatory terms.