The Determination And Protection On The Well-Known Trademark

The well-known trademark determination and protection system is the core of complete well-known trademark system. After researching on several important issues, such as legal characteristics, determination subject and determination manner of well-known trademark, introducing foreign legal stipulation on well-known trademark dilution and the resolution of conflict on well-known trademark conclusive right and domain name registration right, this article brings forward the main opinions as follows: firstly, we should establish a well-known trademark determination system with the combined principle of passive protection and positive protection; secondly, anti-dilution well-known trademark protection shall be legalized specifically. In the end, this article provides a series of suggestions on how to protect well-known trademark in China.This article is divided into two parts of preface and text, of which the text is divided into three parts as follows:The first part gives the definition of well-known trademark and introduces its legal characteristics. Through the definition of the well-known trademark, the deference between well-known trademark and ordinary trademark is clarified.The second part discusses the determination system of well-known trademark. In this part, we discuss the determination subject and determination manner of well-known trademark in China, bring forward the questions of area and timing factors in well-known trademark determination system. The conclusion of this part is that the protection system of positive and passive protection on well-known trademark shall be adopted in China.The third part, we discuss the legal protection system of well-known trademark in China through the following aspects. The first, through introducing the international and foreign legislation on well-known trademark protection, we clarify the deference of well-known trademark protection between international rules and China legislation. The second, we introduce the legal protection system on the non-registration well-knowntrademark, point out the deference between the non-registration well-known trademark, ordinary registration trademark and registration well-known trademark, bring forward the conclusion that the protection on non-registration well-known trademark should be strengthened. The third, through introducing the definition of anti-dilution legal protection on well-known trademark, it is concluded that we should establish an anti-dilution protection system in China. The fourth, we discuss the conflict of well-rknown trademark exclusive right and domain name registration right and bring forward the suggestions on resolving such conflict. The fifth, from the private protection and public protection on well-known trademark, this part provides some detailed suggestions on well-know trademark legal protection.