On The Recognition Of Well-Known Trademark

The protection of well-known trademark, the essential part of intellectual property law, has become a common international conception.However, the definition, recognition and protection of well-known trademark vary in different inner legal context. This essay, first of all, makes clear of the conception and characteristics of well-known trademark, then gives introduction to the recognition of well-known trademark in Mainland, Hong Kong, Macao, Taiwan and other places in the world, and discuses the subject, method and premise of the recognition on the base of inner laws and international agreements related and main principles reflected in them. Also, this essay, analyses the trend of recognition of well-known trademark, puts forward advice and proposal about the advantages and disadvantages, the patterns, the process of recognition and the relationship of administrative recognition and judicial recognition according to the legislation and judicial practice in China, and gives opinions to settle the dispute on recognition. This essay is aimed to find a practical way to regnize well-known trademark, in order to match the recognition of well-known trademark with the protection system and the social economical condition, and promote the regular development of the market economy in China.