Analysisofthedifferentcountriesonthelegalprotectionoftrademarks-毕业论文翻译

1、An alysis of the differe nt coun tries on thelegal protecti on of trademarksPapers to write n etwork: Abstract With the econo micglobalizatio n,thedevelopme ntofChina smarketeconomyisboo ming,trademarkinfrin geme ntarecom mon,andlegal systems of thecoun triesin theprotecti onoftrademarksis also inli

2、ne withlocalcon diti ons vary This article first in troduced the trademarkand trademark The basic connotationof some of thedifferentlegal systems of the countries of trademarkprotecti onsystem, protecti on framework, trademark lawprotectionsystem to adapt to China s basic nationalcon diti ons last h

3、ope to get more perfect the basic framework of legal protecti on in Chi na.Paper Keywords trademark, trademark, legal framework for the protecti on of trademark law protecti onTrademarks and trademarksconno tati onDefin iti on of a trademarkIs gen erally believed that thedefi niti on of trademark: t

4、rademark commodity producersor sellers used to dist in guish their goods othercommodity producers or sellers of goods a special symbol, or the subject of a civil rights of goods or services dist in guish betwee n the sig ns and the goods or services of other civil rights body.Trademarks definition o

5、f theWorld Intellectual Property Organization (WIPO) in its publicati on trademark is used to dist in guish anin dustrial or commercial en terprise or such en terprise groups the trade mark nationalservice marks intrademark law protectiontrademark is not only a trademark, service marks, At this time

6、, the service can be see n as a special commodity.Trademark con cept and characteristicsIngen eral,the trademark refers to the rights of thetrademark owners recog ni zed by law and trademark protection. Trademark is an intangible property rights belong to the scope of intellectualproperty rights is

7、animporta nt part of the in dustrial property rights, and thus has the com monfeatures of the in tellectualproperty,proprietary, timeli ness, regi onal characteristics. Trademark as a legal kinds of rights, and has the following main characteristics:(A trademark of the object is labeled as a commodi

8、ty trademark the trademark object is a mark of iden tificatio n of goods, rathertha nin tellectualachieveme nts. Trademark patter n desig n, select regarded as an in tellectual activity, desig ned trademark logo in deed be called creative works, but not trademark law to protect creative works, but h

9、as the mark of recognition of the commodity, so the object of trademark rights is labeled as a commodity trademark.(2 trademark is a sin gleproperty rights.Copyrights, pate nts and other in tellectual property rights have double the content of pers onal rights and property rights, trademark on ly ha

10、s the property content does not have the pers onal content. Trademark is a sin gle property rights.(3) the proprietarynature of the trademark isabsolute. Pate nt trademark rights, also known as exclusive or monopoly, is the trademark owner the right to enjoy the use of its registered trademark, any

11、third party by the trademark owner s agree to, and shall not be used.trademark owners to achieve their own econo mic in terests by virtue of this mon opoly, the state can be impleme nted accord ing to its man ageme nt, to protect the in terests of con sumers. proprietaryn ature of the most fun dame

12、ntalattribute of trademark.(4) the statutory timeli ness of the trademark is relative. Statutory timeli ness valid trademark rights, registered trademark is valid only within the prescribed period, exceeding the prescribed period, and did not apply for ren ewal procedures, trademark self eradicatio

13、n .(5 trademarks strict territorial. The trademark registra ntenjoyed the trademark rights are gen erallyprotected only in areas of the country to grant the rights in other coun tries is not take n legal effect.Second, the legal framework for protectionofthe trademark Means a national trademark prot

14、ection purposes, the protectionof the object as wellastrademark rights to obtai n the basic arran geme nt of the way in this area, due to historical and other reas ons, thethe world trademark protecti on legal framework show ing a variety of features. Trademark rights to obta in the type of prin cip

15、les , both use the acquisiti on, registrati on made there at the same time the use and registrationmade;,both registered trademarks and un registered trademarks un ified un der a com mon umbrella mono rail system in the coun tries of the registratio n system, but also to trademark law protecti onof

16、registered trademarks, un registeredtrademarks of the dual-track competiti on law or tort law protecti on. use prin ciples focus on substa ntive justice, to protect the in terests of the trademark with the value of the subject, the registratio n prin ciple focus the stability of the legal order, and

17、 the trademark certainty.countriesorregi ons on a basic framework for trademark protecti on, in additi on to mai nta ining the orig inal system is rooted in its own legal traditi ons, but also with each other lear n other system fair ness or in line with the trendof thedevelopme nt of econo mic and

18、trade practices.Third, the major coun tries trademark protecti onsystem U.S. trademark system. U.S. trademark law s most important feature is a country in parallel with two sets of federal and state trademark law. Accord ing to theUn itedStates Con stituti on,states have the right toformulate Tradem

19、ark Law, at the same time can be based on the com monlaw protecti onof trademark rights, thefederal federal trademark law, but can not be based on the com mon law protecti on of trademark rights in accorda nee with state trademark law trademark rights made only in a state the states and Trademark Of

20、fice does not have the power to accept applicationsfor foreigners, foreignersonly to the Federal Pate nt Trademark Bureau to apply for trademarkregistration,the current United States federalthe trademark law en acted in 1946 - < ;&It; Lan ham Act>>,last revised November 1988 according to the

21、existinglaws in the United States have been used orintendedto use in the United States a a trademarkapplication for trademark registration,the United Statesto implement the principle of“ use prior ” and becomeirrevocable trademark, trademarkregistrati onfor fiveyears, and others can no Ion ger use t

22、he earlier reas on for the revocatio n of registratio n.Accord ing to the U.S. trademark law, trademarkinfringementcan be resolved through administrative orjudicialproceed in gs,the law of remedies: stop theinfrin geme nt,damages and destructi onof infringinglabels, labeli ng, packag ing, advertis i

23、ng and producti on of the infringing trademark mold, prin ti ng paper sizes, etc., law, damages can be with in the range of no more tha n three times the actual loss is determined by the court. posted in the free papers Downl oad Cen ter 2. trademarks in the UK and the formercol on ialcoun tries sys

24、tem. history of the Un ited Kin gdom and had colonies around the world and is known as “ the sun n ever sets Empire, the British had no former status, but in trademark law, the impact of its orig inal colonial remai ns deep. more tha n 40 coun tries in the world to impleme nt the same system with th

25、e UK trademark law, which the vast majority of the earlier British col on ial Africa, Nigeria, Mauritius,Ugan da,Zambia, Ghana, Kenya, Botswa na,Swaziland Lan, the Americas, Jamaica, Guyana, Pakistan, Ban gladesh,Sin gapore, Cyprus,Brun ei,Europe, Asia,Ireland, Malta, Australia, Oceania, Tonga 17 in

26、 these countries or regions, trademarkregistrationmust bemade in the United Kingdomonly after the country sapplicati on for trademarkregistrati onand trademarkrights of the country s period of protection the same as the British protectorate period ren ewal term of protecti on, and the Un ited Kin gd

27、om curre nt is passed by Con gress in 1994,31 October 1994 date of the Trademark Law.According to this law, the use or intended use of a trademark in the UK can apply for trademark registratio n.British trademark registration implement the“ use prior ”prin ciple. Trademark Law protects trademarks an

28、d service marks in the United Kingdom,any image(including textman ifested in the form of the mark to disti nguish goods or services, as long as they meet the provisions of the Trademark Law, can be registered.Japa nese trademark system. The Japa nese current trademark law enacted in 1959, the future

29、 has been amended several times. According to regulations, the trademark rights can only be achieved by registeri ng two or more applica nts for the same or similar trademark is registered, the first application will be allowed to register in the same or similar goods. Japa nese Trademark Law protec

30、ts trademarks and service marks applicati on fortrademark registratio n in Japa n to go through the applicati on,review, announ ceme nt, objecti on, approvalstages. registered trademark is valid for the approval of the registratio n date 10 years each ren ewal of the validity of 10 years. registered

31、 trademark must be used for three consecutiveyears do not use a trademarkcan bedeterm inedby the Court revoked. Accord ingto theTrademark Law of Japa n, the followi ng acts are trademark violati ons:un registeredtrademark owners permissi on touse the registered trademark of ano ther, or its trademar

32、k, the sale of goods with infringing trademark infringing trademark for other people to use to provide the con diti ons for others to provide the con diti ons for the sale of goods with infringing trademark, manu factured specifically for the production of goods with infringing trademarks, imports o

33、r sales of other products.Japanese Trademark Law infringermust notonly bear civil liability may also be puni shable by a fine of up to 500,000 yen, or 5 years in pris on, senten ced to 10 years in prison if the circumstancesare serious, nationaltrademark law is the most stri ngent .Fourth, the fromf

34、oreig ntrademarkman ageme ntexperie nee,revelati on“ Stones fromother hills, may serve to polish jade ” described above trademark protection system in the UnitedStates, theUnited Kingdom, and Japan, to consider China s basic national conditions,in order to prevent the trade markrights abuse, and the

35、n combined with the reality of our situation, and years of law enforcement and judicial experie nee should be revised trademark law clearly stipulates the terms of trademarkrestrictions.Specificproposed cha nges are as follows: First, the in crease in the provisions of “ fair use ” . << Tradem

36、ark Law Impleme nti ng Regulati ons > > rose to Article 49 of the law, change the “ fair use ” for“fair use ” of theterms of the modified gen eric n ame can be expressed as follows:This product contains registered trademarks,graphics, models, or directly in dicat ingthe quality, mainraw materi

37、als, function, use, weight, quantity or other features, or containing place n ames, registered trade mark shall not be en titled to prohibit others from therati onaluse of sec ond, to in crease the “earlier trade mark to continue to use ” provisions. << Trademark Law Impleme ntatio n Regulati ons > ;& gt; Article