Research On Trademark Protection Of University Name

There are three different types of protection for university name trademark in China:registered trademark,unregistered trademark and well-known trademark.As a compound concept,university name trademark can be understood from three aspects:administrative license,trademark right and protection scope.The university name trademark has the general characteristics of relativity,instability and territoriality,and also has the unique historical and cultural characteristics of the university name.At present,the university name has formed diversified protection methods such as name right protection,trademark right protection,anti-unfair competition protection and reputation right protection.Trademark protection has the widest scope of remedy and the strongest remedy,thus it often becomes the primary means for universities to protect their rights.When universities choose the remedy,the diversified legal protection ways of university name provide more combination options for universities to defend their rights.The theoretical basis for the protection of university name trademark mainly includes confusion theory and dilution theory.The traditional trademark protection model is based on confusion theory,which is also the basis for the establishment of the relevant framework for university name trademark protection.The dilution theory is the theoretical basis for well-known university name trademark protection.There are problems of legislation,justice and insufficient law enforcement for the trademark protection of university names in China.In terms of legislation,there is no special provision for university name trademark in China’s current trademark law system,which makes our universities lack directly applicable legal provisions when seeking trademark protection.At the same time,the intervention of criminal law protection is limited.Judicially,the problem of judicial protection for the legal protection of university names in China is mainly manifested in the large differences in the types of university name lawsuits and the lack of uniform adjudication standards.In terms of law enforcement,the biggest problem of administrative law enforcement in China’s university name trademark protection lies in the absence of special procedures and specialized agencies suitable for university name trademark protection.At the same time,our universities have serious misunderstanding of key concepts and rules such as the territoriality of university name trademarks,and cannot accurately apply and use relevant legal rules.In order to solve the above problems,we need to make the following innovations and improvements.Firstly,we need to improve the legal system of university name trademark protection.In the relevant laws,we should set up the protection of"prohibition of registration" of university-name trademarks,refine the protection of prior use,introduce the defensive protection of university-name trademarks,and strengthen the intervention of criminal law protection.Secondly,enrich the judicial means for the protection of university-name trademarks.Adopt diversified rights protection channels,and enhance the relief of university-name trademark infringement cases.Thirdly,enrich the administrative means for the protection of university-name trademarks.Strengthen the regulation of the infringement and counterfeiting of university-name trademarks,and promote the connection between judicial protection and administrative protection.