<p>Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union.</p><p>When a trademark is registered it is possible to use the symbol ® along with the trademark. This symbol indicates that the good or service can be trusted and also tells other companies that the trademark can be protected from possible infringements. Originally the symbol comes from American trademark law and in the USA there are certain regulations on how to use the symbol, regulations that we don’t have in Sweden or Europe.</p><p>However, trademark registrations are done approximately in the same way in USA, Sweden and EU. In the USA an application is sent to USPTO which is correspondent to PRV in Sweden and OHIM in the EU. There are certain conditions that need to be fulfilled before and registration can take place and these conditions are also very similar if we compare the different systems. There are different systems for registration of trademarks, except the national systems. If you want to register a trademark in the EU there’s a certain system and if you’re looking to get a registration outside the Union you can do this through another system.</p><p>Occasionally, some companies use the ® symbol without actually having a registration in the country where the good or service is promoted and sometimes they don’t even have a registration at all, in any country. When this happens, these companies are most often suited in court. One of these cases occurred in Germany in 1989. A German company had been marketing a blood filter that was imported from Italy. The trademark was registered in Italy but not in Germany and another operator on the German reacted. The German court found that the use of the ® symbol without a German registration was improper but considered that a prohibition might be restrictive to the principle of free movement of goods in the EU. This consideration proved to be accurate after a decision from the EU court of the. There are further cases like this one from the market courts of Sweden and Finland but in these particular cases there were no registration existing at all, not in any country. The courts passed sentence on these companies for misleading advertising.</p><p>It has been proven that cases like these are not always easy to settle since national laws are affected and sometimes controlled by laws or directives of the EU. Hopefully, the new harmonized marketing law will make it easier further on. Still, there are no regulations on the use of the ® symbol in Sweden or the EU and since it seems to cause problems, if not very often, I think it would be good to introduce some common rules for this.</p>

Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union. When a trademark is registered it is possible to use the symbol ® along with the trademark. This symbol indicates that the good or service can be trusted and also tells other companies that the trademark can be protected from possible infringements. Originally the symbol comes from American trademark law and in the USA there are certain regulations on how to use the symbol, regulations that we don’t have in Sweden or Europe. However, trademark registrations are done approximately in the same way in USA, Sweden and EU. In the USA an application is sent to USPTO which is correspondent to PRV in Sweden and OHIM in the EU. There are certain conditions that need to be fulfilled before and registration can take place and these conditions are also very similar if we compare the different systems. There are different systems for registration of trademarks, except the national systems. If you want to register a trademark in the EU there’s a certain system and if you’re looking to get a registration outside the Union you can do this through another system. Occasionally, some companies use the ® symbol without actually having a registration in the country where the good or service is promoted and sometimes they don’t even have a registration at all, in any country. When this happens, these companies are most often suited in court. One of these cases occurred in Germany in 1989. A German company had been marketing a blood filter that was imported from Italy. The trademark was registered in Italy but not in Germany and another operator on the German reacted. The German court found that the use of the ® symbol without a German registration was improper but considered that a prohibition might be restrictive to the principle of free movement of goods in the EU. This consideration proved to be accurate after a decision from the EU court of the. There are further cases like this one from the market courts of Sweden and Finland but in these particular cases there were no registration existing at all, not in any country. The courts passed sentence on these companies for misleading advertising. It has been proven that cases like these are not always easy to settle since national laws are affected and sometimes controlled by laws or directives of the EU. Hopefully, the new harmonized marketing law will make it easier further on. Still, there are no regulations on the use of the ® symbol in Sweden or the EU and since it seems to cause problems, if not very often, I think it would be good to introduce some common rules for this.

隨著社會經濟的不斷發展，社會物質精神文化生活的不斷豐富，人們可以越來越容易的購買到自己喜歡的衣服，特別是廣大愛美的女生。現如今中國大陸市場上充斥著各種名稱的女裝品牌，本文的研究對象正是這些消費者可以輕而易舉的接觸到的女裝品牌。 本研究通過對商標的基本解釋、意義與類型的歸納，商標註冊保護程序與要件的列舉，綜合分析目前中國大陸商標的註冊與保護概況。在對女裝品牌相關的文獻進行綜述和總結之後，通過資料檢索、統計分析、判決分析等方式，利用網路平台並在不同網路平台中查找那些關於中國大陸常見的女裝品牌。再通過中國大陸商標局檢索出與這些女裝品牌相關的商標註冊情況，這些註冊情況涵蓋了註冊時間、註冊申請人、註冊公告時間、商標專用權期限等，本論文針對這些信息進行整理、分析和總結，得出有關中國大陸女裝品牌的商標概況。通過在中國裁判文書網，檢索商標名稱以及對應的商標申請人的法律判決狀況，以篩選出的女裝品牌為代表，了解目前中國大陸女裝品牌的商標相關的法律問題。最後本論文結合淘寶網品牌總銷量的相關情況，綜合分析商標註冊的多寡對於這些女裝品牌的銷量和該些女裝品牌註冊商標的爭議之間的影響狀況，總結出女裝品牌商標註冊與保護問題的相關建議。 / With the development of society, people can gain more goods they need than before, like some beautiful clothes, especially for women. And nowadays there are many women’s clothing brands exist in the market of China, this article is based on this phenomenon and focus on the brands of women’s clothing which people can easily buy. In this article, the author interpret and define what brand and what women’s clothing brand is. Also, the author will illuminate how to register a trademark in China, and what protection Chinese government and Chinese trademark related laws offer, meanwhile the writer will collect and select the existing women’s clothing brands by searching different information from the internet. Then the writer will search these brands from “Trademark Office of The State Administration For Industry & Commerce of the People’s Republic of China”, collect these brands’ registrant, registration time, publication time, the period of their exclusive rights and so on. The writer will focus on the information above, try to reorganize and analyze the information mentioned above and draw some conclusions from that. The author will search the trademark-related judgment of these selected brands by “China Judgements Online”, as well as collect the sales volume of these brands by “Taobao”. At last the author will use the software of “Excel” and “R” to analyze the data above. After doing all the things above, the author will draw a conclusion and could give some related suggestion on the topic of the registration and protection of the trademarks’ status in China from women’s clothing brands.