Research On Some Legal Issues Of Trademark Protection In Colleges And Universities Of China

University trademark is a sign formed by the development of colleges and universities for many years.It carries the outstanding reputation of colleges and universities,enjoys high social popularity,contains great commercial value,and is an important part of the intangible assets of colleges and universities.In recent years,the improper use of University trademarks is not only prohibited,unregistered University trademarks are registered,registered University trademarks are infringed,and various types of University trademark disputes are frequent.Under the current legal framework,University trademarks are protected by both the trademark law and the anti unfair competition law.Based on the actual cases and common trademark disputes in Colleges and universities,this paper analyzes the current legal protection of University trademark,discusses the focus of University trademark disputes,analyzes the shortcomings of the current university trademark protection,and puts forward a reasonable path to improve the University trademark protection.University trademark protection should run through the registration,use,rights protection and other aspects,pay attention to the cultivation of University trademark influence,actively deal with the problem of University trademark protection,and safeguard their legitimate rights and interests.Based on the analysis of typical cases,combined with the current situation of trademark use in Colleges and universities,this paper discusses the conditions of trademark use and the rights and interests of unregistered trademarks in Colleges and Universities under the current legal framework,constructs the research main line of trademark legal protection in Colleges and universities,and carries out four parts of research: the first part focuses on the case study of the "Hujiang" logo dispute,and analyzes the University’s trademark recognition,use and protection at present,the focus of controversy and the legal protection approaches that can be adopted for University trademarks in China.The second part identifies the conditions for the use of trademarks,including the differences between the use of trademarks and the use of University trademarks,the conditions that have certain influence on the use of trademarks and well-known trademarks.Based on the existing use,it focuses on theproblems of nonstandard and influential identification in the use of University trademarks in China.The third part,based on the current situation of University trademark protection in China,analyzes the rights that can be claimed for unregistered trademarks,demonstrates the limitations of unregistered trademark protection,and points out that unregistered University trademarks face the dilemma of disputes and protection in the process of protection.The fourth part,based on the research and demonstration,puts forward the suggestions on how to strengthen the trademark protection in Colleges and universities.On the one hand,it is clear that we should improve the awareness of trademark protection in Colleges and universities,actively adopt scientific registration for the trademark protection in Colleges and universities,at the same time,we should establish a perfect mechanism of trademark protection in Colleges and universities,improve the awareness of trademark protection,and comprehensively use the existing legal system for the trademark protection in Colleges and universities.