The Application of Unfair Competition Law in the Field of Trade Mark Law: A Way to Enhance the Trade Mark Registration System in China

摘要

The trade mark registration system is the legal origin of three major problems that China faces: trade mark squatting, absolute protection of trade mark rights and the emerging trade mark trolling. As Chinese legislators have attempted every reform possible within the confines of trade mark law without satisfactory results, re-defining the relationship between unfair competition law and trade mark law may be a new way out in the Chinese legal context. Notably, the application of unfair competition law in the field of trade mark law can facilitate the application of the bona fide principle, as well as providing the appropriate legal basis for protecting the right of publicity and character merchandising in the fight against trade mark squatting, for re-thinking the superiority of registered trade marks over non-registered trade marks and even for holding trade mark trolls liable to victims.