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Brand is grabbed note phenomenal fluoroscopy and judicatory to relieve
From;  Author:Stand originally

Content summary: Brand serves as the label of an enterprise, the aeriform belongings of an enterprise. When facing intense market to compete, became one of targets that are encroached the most easily. Grab noted brand to also be become a lot of violate trademark special right is the commonnest, its are endangered also is the biggest. Trade mark is gained in our country special right needs to register only can, this acquires a system however just is grabbed for brand noted behavior to drape lawful appearance. This also is our country emphasizes one-sidedly " register a principle " , and negligence " use principle " child. Not was opposite not below the case that registered trade mark provides law to protect, how to grab to brand note behavior to undertake judicatory is relieved, be obliged to monarch additionally path. Use at present prevenient right and " oppose unfair competition law " it is our country is opposite not the most efficient way that registered trade mark has protective.

Foreword: As the arrival of intellectual economy, in market competition process, brand is producing mainer and mainer effect, however the value that a few illegal elements also saw trade mark at the same time, buy our country " trademark law " with disregard, take a few wrong steps, violate other trademark special right, damaged brand the interest of special right person, consumer and country, caused a series of unfair competition. How does recognize brand grab the essence that notes a person? How to grab to brand note behavior judicatory to relieve, the better rights and interests that protects enterprise, consumer, uphold order of social market economy, economy of stimulative our country is benign develop. Be necessary to discuss solve, ceaseless and perfect with promoting the legal development as economy, develop its to ensure the special effect of fair, efficiency better.

One, brand grabs those who record act to maintain

Brand is grabbed note the branch that has narrow sense and broad sense. The brand of narrow sense is grabbed noting is to point to this trademark is registered before original logo is possessory in order to obtain the competitive behavior of economic interest. The brand of broad sense is grabbed note the narrow sense that includes above already to grab note, still include another person well-known company firm is other perhaps the competitive action that socially certain honorary name takes economic profit in order to obtain for his brand. [1]

Brand is grabbed record the lawful profit that damaged true obligee already, the principle of the honest credence that in also destroying market economy, ought to abide by, fair competition, the harm is massive, be necessary from go up at all brand of cognitive He Wei is grabbed note. Say to think main advocate objective two respects maintain:
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