Case Studies On The Protection Of Unregisterde Well-Known Trademark

In china, people can get trade mark exclusive right by the way of registering it. No matter it is a registered well-known trademark or not, Well-known trademark is intangible assets and golden card of a enterprise, and it can bring huge economic value. As an unregistered well-known trademark associated with high economic value, and they have little legal protection, there are lots of cases about infringement of unregistered well-known trademark. So how to protect it is a question.The article starts from three cases, and get the concept of unregistered well-known trademark from registered one. Unregistered well-known trademark have two basic characteristics, that is, known by the relevant public and enjoy a high reputation. It must get identification for legal protection. After several stages of change, now well-known trademark is at the stage of passive protection and case identification. The identification organs in the trademark registration, use and management are Trademark Office and Trademark Review and Adjudication Board. In the process of litigation, the court can identify the unregistered well-known trademark under the facts. Combined with"Mongolian cow sour yogurt"case, people can fully understand the identify conditions and determine whether a trademark is a unregistered well-known trademark or not.International laws have articles about unregistered well-known trademark long time ago, they strengthen the protection of it step by step, and in takes the guidance role in lots of countries'legislation. China's law on the protection of unregistered well-known trademark mainly focuses on the"Trademark Law"and"Anti-Unfair Competition Law". But these two laws have little regulation on unregistered well-known trademark, and the protection scope is quite different between registered well-known trademark and unregistered well-known trademark."Anti-Unfair Competition Law"played a crucial role in the protection of unregistered well-known trademark, and you can see it well in the"Fu Yan Jie"case and"Mongolian cow sour yogurt"case.There are a lot of problems in the protection of unregistered well-known trademark and need to be refinement. There are significant differences in the scope of protection between unregistered well-known trademarks and registered trademarks, because well-known trademark can not used in"cross-class protection"if it is not registered. Unregistered well-known trademark suffered squatting frequently for it has high economic value. And because people used improper methods in promotion, pay little attention to protection, it may become common names and weaken significance. The article attempts to resolve these problems.