Special Protection Of Well-Known Trademark

A well-known trademark, with high reputation, can be defined as the trademark known intimately by the concerned public. The system of special protection of well-known trademarks is one of the most important part of modern trademark law, and the requirement of the members of WIPO and WTO. With the development of society, well-known trademarks serve as not only the corresponding commodities and services but also a kind of intangible property, having the double properties of distinguishing marks and property. For the traditional trademark law, to avoid confusion is its essential function, which is , however, not enough to protect the reputation of well-known trademarks as effectively as it should. With such characteristics as obvious distinguishing function, intangible property, great worth and high reputation, well-known trademarks are often the direct tort target in practice. It follows that well-known trademarks should receive more special protection under the law than the ordinary ones.The determination of a well-known trademark, the convinction of an act of tort and its liability, and the perfection of the law system from registration to its practice are the prerequsite, the foundation and the prospect of the special protection of well-known trademarks respectively. Based on the perfection of the system of special protection of well-known trademarks in our country, this paper expounds such systems as the determination of well-known trademarks and special protection of them , combining legislation and judicial practice both at home and abroad.