Research On The Determination Of Trademark Infringement Of Online Game Names

The name of an online game has two meanings.The first refers to the appellation of online game software and its internal elements,and the other refers to the appellation of online game software alone.The online game name trademark infringement judgment only refers to the game software name.To register an online game name as a trademark,two conditions must be met: "legality" and "saliency".Online game names and trademarks have dual attributes,the name of the game software and the identification of the product.In judicial practice,the adjudication of online game name trademark infringement cases has caused many disputes,and "different judgments for the same case" often occur.The reason is that the current laws and regulations are not clear,and the online game name trademark is different from traditional trademarks,with its own particularity.Regarding the determination of online game name trademark infringement,the focus of controversy is: the qualitative aspect of online game name trademark infringement,that is,whether the accused infringer belongs to trademark use in terms of the use method;Whether the user’s use behavior has the possibility of confusion;Whether the disputed online game name trademark belongs to a generic name;Whether the use behavior belongs to legitimate use.The definition of trademark use includes directly using the name and trademark of the owner of the name and trademark,placing other people’s name and trademark keywords in online search engines,and using other people’s name and trademark in the promotional pages of their own games.The possibility of confusion should be comprehensively judged based on the similarity between names and trademarks and the similarity of the goods or services provided.The judgment of generic names should be based on the meaning of online game names and the perspective of the public.For the judgment of legitimate use,it is necessary to analyze whether the use behavior is legitimate based on the way it is used.To determine the infringement of online game names and trademarks,it is necessary to provide clear criteria for determining the infringement of online game names and trademarks,including clarifying the behavioral attributes of trademark use and expanding the scope of trademark use behavior,comprehensively considering the possibility of confusion,and combining the meaning and use method of the online game name itself,to determine whether the name and trademark are commonly known and whether the use behavior is legitimate.