Probe Of Establishing A Special Protective System For Trademark With Reputation

Trademark with reputation refers to the trademark that wins popularity and reputation lower than well-known trademarks but higher than ordinary trademarks. It is not a legal term that is universally applied, and never appears in any effective international treaties. Therefore, in China, it is not considered as a type of special trademarks in research, and a series of basic issues regarding concept, standards for confirmation, methods for deciding a mark with reputation and protective measures are still pending. However, due to the high standards and complicated procedures for the confirmation of trademarks with high reputation in an economic society, many trademarks with relatively high popularity and reputation are not particularly protected. In addition to the great quantity of such trademarks, there are significant interests that shall be protected. On account of the commercial value carried in such trademarks, more infringement, such as rush trademark registration and counterfeiting, occurs in recent years. Requirements on the special protection of such trademarks are raised in legal practice. The particularity of the trademarks with high reputation lies in the fact that the protection on such trademarks may not match the protection on well-known trademarks, but shall not be limited to the protection principles and measures on ordinary trademarks. Hence, it is very necessary to establish a special protective system for trademarks with high reputation to enhance the protection over such trademarks.The essay, based on the review of international legislative practice in special protection of trademarks with high reputation and on the research on protection of unregistered trademarks and on anti-dilution protection of well-known trademarks, probes into the establishment of a protective...