Special Protection For Well-known Trademark

The article researches the problem of special protection for weli-known trademark. The special protection for well-known trademark goes deeply into protection which oversteps their general principles and methods of the protection for ordinary trademark. The text puts forward a rationalization proposal of special protection for well-known trademark in order to improve the protective level of trademark in our country, and make perfect legal system in the future. We will find some faults by analyzing the general law for well-known trademark, such as definition, characteristics, attestation, rights and significance, etc, and by comparing the international treaties and some countries legal protection systems with our country laws. We can also find the ways and achieve the aims in the protection of well-known trademark.Well-known trademark, as a special trademark, is conferred legal privilege, wliich possesses the prohibitive rights and the cancelled registration rights. In the international conventions, its special protection has gone beyond the region principle of exclusive right of trademark and registration principle. Member countries shall take account of protection the foreign trademarks which have not yet been registered in their own ;ountries. Such protection has extended to non-similar goods or services. Asto anti-well-known trademark factors, not only trademarks but also names of manufactures, business marks and domain names are involved in the protection. With the development of the function of trademark, however, the theory of well-known trademark protection developed from traditional confusion theory to anti-dilution theory and to association theory based on checking connection.The author offers not only our country has made progress in well-known trademark protection in term of legislation and law enforcement, but also we should still research some questions, for example, the problem of the anti-well-known trademark factors, the conflict of the intellectual property rights, etc. We should enforce the study of theory of the mark; establish the protective system of anti-dilution and the special protective procedure of the well-known trademark. We should also improve the protective work of the foreign lands trademarks, so that the well-known trademark could have become a competitive weapon in the market economy.