“金骏眉”商标纠纷案的法律思考——以商标与商品通用名称为视点法律学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II万方数据 II 万方数据 Abstract Jin Junmei trademark dispute which lasted for six years went to an end with the final judgment of Beijing Higher People’s Court made in December last year. Jin Junmei trademark dispute went on for six years in the country and it caused a huge reaction and academic debate. After clarifying basic facts of the dispute, the author used case analysis method to discuss the debate. Based on the specific background, this thesis aims at focus of the controversy, which is whether “Jin Junmei” can be treated as a common name or it can be registered as a trademark. This article holds this view, prominence of a trademark is determined by five principles, and they are: first, the combination of goods and services identified principles; second, combining the principles for determining the relevant public; third, the actual use of recognized principles; fourth, overall recognized principles; fifth, consider the principle of public interest. Jin Junmei analyzing the focus of controversy trademark dispute basis to further delve into the reasons of the case occurred, including games and conflicts between the executive and judicial remedies remedy individual and collective interests of the two sides. In the last part of the thesis, the author tried to discuss the solutions and revelations about this case. Firstly, the paper put forward solutions to solve the dispute. Geographical indication can counterpoise individual interests and collective interests, and tea companies’ interests can be protected. Secondly, the author discussed recognized standards of generic name. After analyzing Chinese standards to identify common name and comparing different standards between in china and other countries, the author advocated that we should reference foreign advanced system and formulate our judging standards; judicial interpretations released by Supreme People’s court can be used to confirm the standards. By exploring the generic name of that