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Unregistered Trademarks Legal Protection

Posted on:2012-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:J S MaFull Text:PDF
GTID:2166330338995053Subject:Law
Abstract/Summary:PDF Full Text Request
Unregistered trademarks legal protection is the main contents of this article. When appearing with the advantages of management, the principles of trademark registration is valued by the world. Around it , most of country build their own trademark system, and the registered trademarks are become to the father of trademark family. Then they are given a high degree of protection by Trademark Law. In contrast, unregistered trademarks do not given enough attention or even ignored. However, the unregistered trademarks are as same as the registered trademark in feature of distinction product and marking the provider of service. Theirs existence is necessary and reasonable. We will not just give the registered trademark of the abundant, high-level, comprehensive protection, for the large number of unregistered trademarks in the market, we must pay enough attention to to providing appropriate protection to meet the market requirements. The purpose is to arouse legislators and scholars should be given enough attention to unregistered. Through the scholars researching, make the legislators modifying the law to provide more protection to unregistered trademarksAs the core of unregistered trademarks legal protection, the article there is four chapters. It dose distinguish the relevant basic theory of registered trademarks and studying and commenting the related law of other country and the defect of system of our trademarks legal and same suggest to improving our country law.This study concluded that: not only protecting of unregistered trademarks, but also adequate protection. With according the real justice, we should improve level of unregistered trademarks,. Establish a legal system, management of unregistered trademarks, trademark owner protected by themselves. And build a unregistered trademark protection system, "Trademark Law" as the core legal, "the Anti-Unfair Competition Law" as the main secondary, supplementary laws, "General Principles of Civil Law "," Tort Liability Law, "" Copyright Law "and" Patent Law "for the coordination of complementary laws.
Keywords/Search Tags:unregistered trademarks, trademark, squatting, prior use right
PDF Full Text Request
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