The Principle Of Public Domain Reservation In Trademark Law:Jurisprudence,Empirical Evidence And Regulation

Due to the excessive expansion of the exclusive right of trademark,the exclusive field of trademark has continuously encroached on the public field,resulting in such chaotic phenomena as trademark monopoly,malicious trademark registration,and malicious trademark rights defense,etc.At present,the legislative mode,judicial practice and relevant supporting facilities of China’s trademark law can hardly meet the needs of safeguarding the public interests of society.In this regard,the principle of public domain reservation in trademark law is an effective measure to restrain the unlimited expansion of exclusive trademark rights and reserve reasonable public domain resources for the public.Based on the above,we use empirical research method,literature analysis method and comparative analysis method to analyze the theory and practice of the principle of public domain reservation in trademark law by combining the relevant theoretical research results,legislation and judicial practice of domestic and foreign intellectual property scholars.The paper is divided into three parts: Introduction,Text,and Conclusion,of which the text mainly discusses the following contents: the jurisprudential basis of the principle of public domain reservation in trademark law,this part firstly introduces the historical origin,concept,and attributes of public domain,and then argues the necessity of raising the public domain reservation in trademark law to a principle and the value of establishing this principle,which lays the theoretical foundation for the later discussion;China’s trademarkrelated This part summarizes the embodiment of the principle of public domain reservation in China’s trademark law and studies trademark cases involving public domain reservation,summarizes and analyzes the current problems in China’s trademark public domain reservation rule of law practice based on China’s legislation and judicial practice;the beneficial practice of the principle of public domain reservation in foreign trademark law and its inspiration,and the beneficial legislation and judicial practice of the principle of public domain reservation in the United States and relevant international conventions.Finally,in view of the above-mentioned problems,the above-mentioned issues are discussed in four aspects,namely,clarifying the principle of public domain reservation in trademark law,strengthening the system of restriction of exclusive rights of trademarks in the public domain,implementing the judicial application of the principle of public domain reservation,and improving the construction of the system of public domain reservation of trademarks.In the end,we propose countermeasures for the regulation and application of the principle of public domain reservation in trademark law in order to ensure the realization of broader public interests.