Then, in terms of specific systems and regulations, compared with the Paris Convention, what are the manifestations and differences of TRIPS agreement in protecting trademark rights? Through the analysis of the provisions of TRIPS agreement, it is mainly manifested in the following aspects: (1) In terms of protectable objects. TRIPS agreement stipulates that any mark or combination of marks that can distinguish the goods or services of an enterprise from those of other enterprises should constitute a trademark. In the definition of this concept, the ambiguity in the Paris Convention is changed, and the main standard in trademark identification-the identifiability of marks is clarified. Obviously, the most basic function of a trademark is to distinguish the sources of goods or services, so that different goods or services and providers of different goods or services will not be confused. To this end, the agreement also specifically States that if the symbol itself cannot distinguish the relevant goods or services, members can also determine whether it can be registered according to the identification obtained by use. That is to say, when there is no meaningful connection between the mark and the goods or services, the applicant for registration can make the public recognize the goods or services marked by the mark through the use of trademarks, so as to obtain registration. At the same time, considering the current situation of most countries, the agreement does not impose mandatory requirements on the scope of trademark objects, but allows countries to "visually perceive" as a registration condition, which has mastered a certain degree of flexibility. In terms of the scope of trademark use, the definition of TRIPS Agreement extends it to the service field, stipulating that service trademarks should receive the same protection as commodity trademarks. Compared with the Paris Convention that "the countries of the Union should not be required to make provisions on the registration of this trademark (service trademark)", the TRIPS Agreement does not freely determine the recognition of service trademarks by each member country, but applies the provisions of commodity trademarks to service trademarks in principle. This means that all member States are obliged to abide by the provisions applicable to service trademarks in the TRIPS Agreement. On the other hand, it is not difficult to find that the final revision of the Paris Convention was completed in the 196s. At this time, the tertiary industry in all countries in the world was still underdeveloped, and even in developed countries, it was just in the rising stage, so the protection of trademarks was naturally limited to commodity trademarks. However, the TRIPS Agreement was signed in the 199s. Western countries, especially the United States, which played an important role in the signing of the agreement, have basically completed the adjustment of industrial structure. The service industry occupies the largest proportion in the national economy, and the protection of service trademarks naturally requires further improvement, rising to the same important position as commodity protection. In terms of trademark registration, the new provisions of the agreement contain three important contents: first. Members may depend on the use of a trademark for registration, but they may not take actual use as a prerequisite for applying for registration, and may not reject an application just because their intention to use it has not been realized within three years from the date of application. Its significance is that unused trademarks can also be used for applications, as long as they are used for the purpose; Whether a trademark can be registered has nothing to do with the effect achieved by its use, and it is unfair to refuse to register it just because it fails to achieve the purpose of use. Two. The nature of goods and services using trademarks should not be an obstacle to trademark registration under any circumstances. This article means that the registration authority of a member state shall not prevent the application for marking as a trademark because of the situation of the goods or services themselves. For example, if there is no internal or external relationship between the goods or services and the application mark itself, the application mark can become the trademark of the goods or services if it meets the legal requirements. Of course, according to the basic principles of civil law, the goods or services here should of course be understood as allowed by law and public order and good customs, otherwise, the goods and services themselves are not allowed by law, let alone trademark registration. Three. It stipulates the announcement before and after trademark registration and provides a reasonable opportunity to cancel the registration and raise objections. This clause inherits the remedy measures in the Paris Convention when an unauthorized agent or representative applies for a registered trademark to infringe on the interests of the real owner, and expands its application to prevent and remedy other acts harmful to the interests of the real owner, such as malicious registration. At the same time, the principle of independence of trademark registration is naturally inherited because of the compliance with the Paris Convention. (II) Protection of the right itself. The TRIPS Agreement defines the trademark right as the exclusive right of a trademark, which is different from and similar to ownership. Emphasizing "proprietary" means that it can not enjoy rights through the possession of specific tangible things like ownership, which means that it is not the possession of a trademark that can enjoy the rights of a trademark, but its rights can only be enjoyed by the applicant for registration or the assignee in a monopoly manner. It is similar to ownership, which means that its owner can use, benefit and dispose of its trademark exclusive right like exercising ownership, and can eliminate the obstruction of others. Especially regarding the disposition of trademark rights, the agreement restricts compulsory licensing-"Members can determine the licensing and transfer conditions of trademarks", but "trademark compulsory licensing system is not allowed" and gives the obligee the freedom to transfer independently, which is also the confirmation of the first part of the agreement that intellectual property rights are private rights. In addition, for well-known trademarks, because it contains intangible property such as business labor and goodwill of trademark owners, and it also embodies the trust of more consumers, all international conventions implement special protection for them. Because the protection of well-known trademarks often involves the interests of national industries in various countries, countries often take measures that are beneficial to their own trademarks, especially in the identification of well-known trademarks. The recognition of well-known trademarks in the Paris Convention only generally stipulates that it shall be recognized by the competent authorities of the country of registration or the country of use, which inevitably leads to different standards. In this regard, although the TRIPS Agreement has failed to give a unified standard, it stipulates that the recognition of well-known trademarks "should take into account the degree of awareness of the relevant public, including the degree of publicity of the trademark in the territory of the member country". Obviously, this standard is put forward as a standard that member countries must abide by, which greatly reduces the uncertainties in the recognition of well-known trademarks. In addition, in terms of trademark confirmation, the TRIPS Agreement adds a provision to provide judicial or quasi-judicial review opportunities. Although this provision may not fundamentally solve the problem, it provides an additional remedy for the parties. To the extent of rights protection. TRIPS agreement gives the definition of counterfeit trademark. As long as a trademark that is the same as a valid registered trademark is used, or a trademark whose essential part is indistinguishable from a valid registered trademark is used, it constitutes a counterfeit trademark and should bear corresponding civil, administrative and even criminal responsibilities. The protection of well-known trademarks is further strengthened: first, well-known trademarks can be protected without registration, and they are protected according to higher standards than ordinary trademarks. Secondly, the "cross-class" protection of well-known trademarks includes not only the protection of the same or similar goods or services, but also the protection of dissimilar goods or services, which is stronger than any previous convention. The reason is that in today's world, the diversification of enterprise management has become a trend, and the capital flow is extremely active. Even in goods or services different from those marked by the original trademark, it is still enough to make consumers misunderstand and cause harm to the dilution of the original well-known trademark. Therefore, it is absolutely necessary to strengthen the protection of TRIPS agreement. On the other hand, in terms of investigating the tort liability, the system design of TRIPS Agreement is also more complete, with a set of civil, administrative and judicial relief procedures, including strict protection of criminal procedures: "All members should provide criminal procedures and criminal penalties, at least for cases of intentionally counterfeiting trademarks or piracy of copyright on a commercial scale. The remedies available should include imprisonment with sufficient deterrent effect, or a fine, or both, subject to the punishment standards applicable to the corresponding serious crimes. " In terms of the duration of protection, Article 18 of TRIPS Agreement stipulates that the duration of trademark registration for the first time and each renewal shall not be less than 7 years, and trademark registration can be renewed indefinitely, which is not stipulated in the original international convention. In the agreement, the provisions of the convention on the "seven-year" registration or renewal period are only the minimum requirements, and countries can set higher standards than this according to the situation; On the contrary, if the time limit is less than 7 years, it is a violation of the obligations of the convention. Unlimited renewal times also meets the requirements of trademark management and use in commercial activities, which is conducive to the cultivation of trademark brands and the utilization of trademark value. Among the three intellectual property rights, on the one hand, the trademark right has the shortest protection period, on the other hand, only the trademark right can be extended indefinitely. The reason why the agreement is so stipulated is that the existence of trademarks is often closely related to the operating conditions of enterprises, and the competition in modern society is fierce, and the operating conditions of enterprises are complex and changeable, so it is unnecessary to have a long term. (III) Other protective measures For legally produced valid trademarks, the agreement also stipulates some requirements for ensuring their existence and independent use, which all member States are required to abide by, including the following two points: 1. Restrictions on cancellation of registration. For countries that use as a prerequisite to maintain their registration, "the registration can only be revoked if they have not used it for at least three years and the trademark owner has not shown valid reasons to hinder the use". Among them, the period is limited to "at least 3 years" and "discontinuous use" is the necessary condition; Under the above conditions, if the parties have "valid reasons", they can also exclude the above provisions and directly refuse to revoke them. Moreover, the agreement immediately interprets "the obstacle to using the trademark because it does not depend on the will of the trademark owner" as a valid reason for not using it. The subject of use is not only limited to the owner, but also the use of others when the trademark is controlled by the owner is considered as the use required for maintaining registration. These provisions greatly exclude the situation that the trademark is invalid because of the original intention of the obligee. 2. The use of trademarks shall not be unreasonably interfered. The use of a trademark in trade shall not be disturbed by unreasonable special requirements, such as the requirement to use it with other trademarks, to use it in a special form or to use it in a way that is not conducive to distinguishing the goods or services of an enterprise from other enterprises. While ensuring the independent use of trademarks, this provision is also a double-edged sword for developing countries: on the one hand, it can protect the brands of goods and services in developing countries, and at the same time, it will cut off the way for them to break into their own brands with the help of well-known trademarks in other countries. Of course, the agreement does not rule out that the parties voluntarily increase the use of other trademarks at that time, but only prohibits member States from interfering with the legitimate use freedom of trademark owners in the form of law. With the increasing trend of economic globalization, the markets of capital, goods and services will also become increasingly globalized. More and more trademarks have broken through the regional restrictions and entered the international market, and the international trademark conflicts have become increasingly complicated. The requirements of trademark protection will be strengthened, and it can be predicted that the future trademark protection will be improved and strengthened with the development of economy. However, no matter how the international protection of trademark rights shows a trend of strengthening, the owner of a trademark can truly safeguard his rights only when he brings his mark or trademark into the scope of protection defined by law and meets the requirements stipulated by law. Otherwise, no matter how the protection is strengthened, it will be difficult to avoid our losses on trademark issues. Therefore, for most enterprises in China, especially those that want to enter or are entering the international market, it is even more important to establish the awareness of trademark protection and attach importance to trademark protection.