| In order to regulate the malicious trademark applications,hoarding registration and other acts,Trademark Law of the People’s Republic of China,which was amended for the fourth time at the tenth meeting of the Standing Committee of the 13 th National People’s Congress on April 23,2019,has added relevant contents to regulate trademark rush registration in Article 4,Article 33 and Article 44,paragraph 1.It is thus clear that our legislators attach great importance to the issue of trademark rush registration.For a long time,the theoretical and practical realms in our country have mainly focused on the identification of trademark registration,legal regulation and the application of relevant legal provisions such as Article 32 of Trademark Law.However,the damage compensation relief for the trademark registrant has not been paid enough attention.The research on damage compensation for trademark rush registration is of great theoretical and practical importance for effectively regulating the phenomenon of trademark rush registration and protecting the rights and interests of the trademark registrant.This paper mainly adopts the methods of historical research and case study so as to analyze the problem of damage compensation for trademark rush registration.It will be divided into four parts to organize the demonstration.First,the phenomenon that the economic damage suffered by the registrant cannot be adequately protected through the TELEMATRIX trademark rush registration dispute case.The second is to analyze the cause of the phenomenon is insufficient legislation.The third is to prove that the act of trademark rush registration is an infringement act,and that requiring the rush registered person to compensate the economic loss of the registrant has legal legitimacy.The fourth is to analyze the necessity of requiring the rush registered person to compensate the economic loss of the registrant from the perspectives of maintaining the fair order of trademark registration and saving the judicial administrative resource.Through the above analysis,it is concluded that in order to effectively regulate the disorder phenomenon of trademark rush registration and protect the legitimate rights and interests of the registrant,a damage compensation system for trademark rush registration should be established in Trademark Law.The specific content includes the following three aspects: First,the scope of damage compensation includes economic loss such as depletion of goodwill,loss of market opportunities,objection application fees,invalidation request fees,legal fees and other rights protection costs;The second is the number of damage compensation should be compensatory compensation rather than punitive compensation.The third is that given the urgency of the rights protection of the registrant,the current relief procedure for trademark rush registration cannot effectively meet the rights and interests of the registrant.For this reason,the Trademark Office,the Commercial Judge and the Court should all have the rights to determine the compensation liability of the rush registered person and move forward the relief procedure for trademark rush registration,and thus provide more comprehensive protection for the rights and interests of the registrant. |
