A Research On Legitimate Protection Of Unregistered Well-Known Mark Under The Article 6bis Of The Paris Convention

Trademark registration system is not based on its use but on the principle of first application and first registration.However,the specific function of trademark and the purpose of trademark registration are not obtained of trademark rights,but also the effectiveness of trademarks through use of trademarks.Because only the mark of the goods into the market,so that trademarks can be identified and distinguish between the function of product source,it will produce the meaning of trademark.From the legal protection dimension of trademarks,giving the legal protection to unregistered well-known trademarks is advantageous to fill the deficiencies of the system of registering and obtaining trademark rights;On the other hand,from the infringement fact dimension of trademarks,because the value of unregistered well-known trademarks is larger than that of ordinary registered trademarks,the risk of abuse is greater,so it should be protected by law.In spite of the fact that the system of trademark rights has been registered in China,the existence status of unregistered well-known trademarks is still legal.Therefore,the research on the theoretical basis of the protection of unregistered well-known trademarks and the appropriate protection of their legal mechanisms,this is not only in response to the relevant provisions of international conventions,but also conducive to safeguarding the legitimate rights and interests of the public and maintain the fair competition order of market transactions,at the same time,and to enhance China's international competitiveness also has great benefits.This article focuses on the paper from the trademark use and registration of the legislative reasons to the use of the principle of trademark practice,and then explore the use of trademarks and unregistered well-known trademark protection between the relationship.In addition,through the trademark dilution theory,trademark symbol recognition function theory,and so on unregistered well-known trademark protection of the theoretical basis for research.Finally,the problem of the protection of unregistered well-known trademark is insufficient in China,so that I put forward some suggestions to fill these imperfections.This paper is divided into five parts:The first part is "the discrimination of legal significance and use of the trademark registration".This chapter introduces the origin and function of a trademark,registered trademark and legislative reasons and principles of obtaining trademark rights,in order to establish the basic concepts of trademark theory,and then compare other countries in the use and registration of trademarks system norms.The second part is "the analysis of the legitimacy of the protection of unregistered well-known trademarks".This chapter introduces the theory of trademark semiotics to examine the legitimacy of the recognition of trademark symbols of unregistered well-known trademarks,this paper also explores the characteristics of unregistered well-known trademarks through the doctrine of trademark confusion and the theory of trademark dilution,and studies how to prevent the significance of the dilution of unregistered well-known trademarks or the impairment of their reputations and the meaning of their protection.The third part is "compare the overseas unregistered well-known trademark protection mechanism and learn from their advantages".In this chapter,starting with the observation of "Paris Convention","TRIPs Agreement",WIPO " Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks "and related intellectual property multilateral trade agreement,"EU trademark law"unregistered well-known norms.Secondly,the study of the major intellectual property countries,such as Britain,the United States,Germany,France,Japan and other five countries,its unregistered well-known trademarks of the legislative norms right.Finally,the paper studies the trademark infringement protection system of the above countries.The Forth part is "a comparative study on the protection mechanism of unregistered well-known trademarks in China's mainland and Taiwan region of China".The content of this chapter is aimed at the judicial practice of the protection of unregistered well-known trademarks in China's mainland and Taiwan region,to observe the relevant problems of its implementation,cognizance and remedy,and to analyze its infringement pattern of unregistered well-known trademarks of the two jurisdictions,and finally to compare the differences between the both sides of cross-straits in the unregistered well-known trademark protection system.The fifth part is "to improve the protection of unregistered well-known trademarks".The contents of this chapter,first of all,based on the analysis of the previous chapters of unregistered well-known trademark protection results to explore China's current unregistered well-known trademark protection problems.Secondly,induction international agreements,outside the main countries in the unregistered well-known elements of the legislative legal protection of trademarks,to analyze the scope and limitations of the points of dispute and the future direction of the problem to solve the problem.Furthermore,sort of problem is to carry out the boundaries of legal protection and the appropriate remedies.Finally,this paper presents a review of the unregistered well-known trademark protection mechanisms,advice and corresponding solutions,and reveal future research directions.