The Protection Of A Unregistered Trademark

In recent years, with lots of malicious registered trademark preemptive others not illegal increasingly fierce, the more and more managers suffer irreparable economic losses, fair and just market economic order be serious damage. The main reasons causing the above situation in China is not a registered trademark for the protection does not reach the designated position, although our country after the second amendment of the trademark law of the protection of unregistered trademarks has a certain amount of progress, but it is still hard to deal with complex market environment, mainstream research direction is still registered trademark protection against.This paper USES the comparative analysis and empirical analysis methods to the protection of unregistered trademarks shall be studied and discussed issues, called on all sectors of society to make great efforts to perfect our country unregistered trademarks, to strengthen the protection system not registered trademark protection efforts to curb the malicious bad behavior of endangering the order of the market economy. This paper is divided into four sections, aims to protect our country hasn't registered trademark of the status quo and defects of our country are analyzed, also not registered trademark protection legislation proposed evaluation and improvement Suggestions.The first chapter first expounded the concept of unregistered trademarks and legal status, then compared the unregistered trademarks registered trademark, with the difference between our country hasn't finally get legal protection of registered trademark theoretical basis.The second chapter basically through the introduction of the Anglo-American law, continental law and international treaty of unregistered trademark protection in the theory and method to investigate the status quo, in establishing a sound not registered trademark protection system for reference. The third chapter basically from China's reality, a discussion of current China's relevant laws and regulations to protect unregistered trademarks realities, rational and objective out our laws and regulations for the protection of unregistered trademarks defects and the insufficiency.The fourth chapter listed in front of defects and limitations of unregistered trademarks with protection, this paper discusses the theoretical and realistic significance of unregistered trademark protection in the theory and method of our country hasn't registered trademark, expand the legal way to be protected, and put forward the method to protect not registered trademark legislative Suggestions.