On Legal Issues Related To Well-known Trademark

The boss of "Coca Cola" ever said:"Even if the company closed down one day, it can restart in one night with just the brand 'Coca Cola'". The vast effect of Well-known trademark is obviously shown in his words. However, it is the superiority that makes it main victim of trademark infringement. Hence, how to protect Well-known trademark is very important. The article is composed of five chapters with about 30,000 words. The first chapter and the second chapters are basic piece of the article. They mainly introduce the concept and cognizance of Well-known trademark. Meanwhile, the two chapters particularly introduce the legislation of Well-known trademark at home and abroad. The third, forth and fifth chapters are the main part of the article. The desalt of Well-known trademark, the protection of domain name and reverse passing of Trademark are the parts which I'm the most interested in and are the incentive to write this article. It took me many times and painstaking efforts to write those parts, I do try to find some breakthrough points and innovation. The first chapter : concerns the concept of well-known trademark and cognizance. The so-called Well-known trademark is a sort of trademark which takes relatively more fames than common trademark and which is given special protection. In the definition, the public means business entities and consumers in certain range related to commodities and services. China's newly-revised "Trademark Law" gives five factors for determination of well-known trademark. In the article, the author holds that the single cognizance by administration is difficult to assure justness of cognizance, and doesn't in compliance with the international mode of cognizance. Thereby, we ought to concurrently adopt the justice cognizance and carry out "double track cognizance" mode. The second chapter: The legislation of the special protection of well-known trademark. The special protection of Well-known trademark was firstly brought forward by "Paris Convention". TRIPS agreement makes progress in the contents of protection. The sixteenth clause of TRIPS agreement not only declares that the protection of Well-known trademark shall extend to the trademark of service and the range of protection shall extend to non-similar commodity and service, but also makes regulation in principle on how to cognizance well-known trademark. The new "Trademark Law" makes new regulations by adding the thirteenth and fourteenth clauses and makes revision to part contents of the forty-first clause, which enhance the protection well-known trademark. The third chapter: The dilution and counter-desalt of well-known trademark. The so-called dilution means using the same or similar sign as well-known trademark on disimilar commodity or service and thereby weakening the distinctiveness and the AD effect of well-known trademark. There is regulations of counter-dilution in the "temporary regulation" in our country, but its effect in practice is too low to regulate well-known trademark desalt and is goes against the protection of well-known trademark. The author suggests adding regulations of counter- dilution in "Trademark Law". The fourth chapter: Reverse Passing of trademark . Reverse Passing of trademark means one's unauthorized use of other's trademark on his commodity. This issue has incurred a heat discussion in the intellectual property circle in recent years. This article, based on the summary of measures in different countries, argues that reverse passing is a kind of infringement of trademark and put forward suggestions on the measures regulating reverse passing. The fifth chapter: well-known trademark's online protection in form of domain. The development of Internet brings great facilities to people's life. At the same time, many legal problems related to it have not been resolved yet. In this article, the author puts forward his opinions on trademark cyberpiracy prevention and the protection of well-known trademark. This article first makes exploration...