论防卫性商标的司法认定-民商法学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract Defensive trademark refers to the trademark that the enterprises use it as a defensive strategy in a creative way in the implementation of intellectual property strategy. Defensive trademark is the general term of defense trademark and associated trademark. In the reality of the market activities, many enterprises are free to copy or imitate others’ originality trademarks, in particular, well-known trademarks on the other category of goods or services other than the approved use of the goods or services of the trademark brand. All these trademarks have been formed a great influence during years of use. They are going to use these well-known trademarks for the interests of the unfair competition. We call this kind of behavior as “free rider”. Trademark owner in order to protect their trademarks credibility or corporate reputation has to register more and more trademarks, that is, the so-called defensive trademark registration. But there is no perfect defensive trademark legal system in Chinas current trademark law. As a result, on the one hand, there is still hidden trademark rights trouble in the enterprise which registered defensive trademark. On the other hand, such enterprises active defense behavior makes trademark applications increasing, even leads a greater pressure to the trademark examination which further affect the review of speed. At the same time, defensive trademark make trademark enclosure and trademark hoarding phenomenon, excessive protection of trademark owners trademark rights. Although there is no perfect defensive trademark system in Chinas current trademark law, but there are some similar defensive trademark content regulations. According to the reality of the actual needs of the market, balancing the interests of the parties by judicial may be an effective way to solve the above problem in the absence of perfect laws and regulations. So, in this paper, I use the theory of judicial interpretation to mak