On The Protection Path Of The Commercialization Right Of Natural Person Personality Mark In Trademark Law

The identity of natural person’s personality has the attribute of identity,which is not only limited to name,portrait,but also includes voice and specific symbol,etc.,which has gone beyond the scope of protection of personality right in the civil code.Applying the distinctive natural person personality logo to trademark registration can quickly attract the attention of consumers and increase the market share.It is a principle established by trademark law that trademark registration shall not infringe others’ prior rights,but the legal nature of civil rights restricts the protection of natural person’s personality mark.In judicial practice,it breaks through the restriction of legislation and protects the identity of natural person’s personality which is distinctive and has the function of identifying and indicating.Academic theoretical research provides theoretical support for judicial practice,and puts forward the concept of the right of commercialization.The protection of the mode of the right of disclosure in the United States and other countries also has positive enlightenment significance for us.The protection of the right of commercialization of natural person’s personality marks does not refer to all natural persons in general.Only those personality marks that have been publicized and used with salient features and specific directions for consumers can be protected by law.The legitimacy of the protection of the right to commercialization of natural person’s personality identification is consistent with the traditional intellectual property protection theory,and conforms to the basic ideas and spirits of Locke’s labor theory and utilitarianism theory,which encourages people to actively create and maintain fairness and justice.Confirming the independent status of personality mark protection by law through legislation or judicial interpretation is conducive to maintaining stable commodity economic exchange relationship and giving full play to the function of personality mark of natural person.The conditions of the natural person personality identity protection,must be clear,personality identity,the corresponding relationship between natural person should have a stable its protection scope also should not be enlarged unlimitedly,trademark confusion theory also apply to the extent of protection of the personality identification,for a particular character’s personality identity protection take absolute protection in the registration,any registration or use shall be prohibited.