Study On Chinese Famous Trademark Protection System

A famous trademark is a trademark with a higher reputation on market, familiar to relevant public and with strong competitiveness, it could not only exert the basic function of identifying the trademark origin, but also it's a huge intangible asset to the enterprise, with the double values of identifying and property. With the increasing international competitions in the economic and trade field, the protection of famous trademark has become effective means adopted by various countries to seek and maintain the market competitive advantages for their competitors and to maximally occupy the market shares.As an important intellectual property system, the famous trademark legal protection system has experienced the periods of development, maturation and perfection in China. This paper tries to study the legal protection on Chinese famous trademarks from the following 3 aspects.Chapter I introduces the concept and characteristics of famous trademarks. There are totally 4 sections in this chapter. The definition of famous trademark by Chinese legislation is proposed in section 1 after making a historical review on the concept of famous trademark. The particularities of famous trademarks different from ordinary trademarks are enumerated in section 2. A rational illustration on the economic source and theoretical basis of special protections on trademarks are respectively proposed in section 3 and section 4. This chapter has laid an theoretical basis for the further study of the Chinese famous trademark protection system.Chapter II illustrates the national protection and international protection on famous trademarks. This chapter has respectively summed up the various international conventions and legislations from different countries on famous trademarks, ranging from the Paris Convention in 1883 to the TRIPS in 1994 and the joint proposal on famous trademark protection regulations in 1999, which have displayed the establishment, gradual perfection and future development tendency of the famous trademark international protection system, at the same time, have indicated the development orientation of the Chinese famous trademark protection system. Chapter III Concludes the legal consideration of perfecting the Chinese famous trademark protection system is the emphasis and innovation of the paper. This chapter has systematically studied the legal system and contents of the existing Chinese famous trademark protection: including the special protection means of famous trademarks, the protection scope of famous trademarks, the identification criteria and procedures of famous trademarks, and so on. Certain problems in the existing legislation are proposed on the above-mentioned basis, including the protection beyond category on unregistered famous trademarks; the deadline on the revocation right to malicious registration of other's famous trademarks; the "rational usage" of famous trademarks; perfection of the judicial judgment procedures on famous trademarks; perfection of the legislation in anti-dilution of famous trademarks; and the strengthening of famous trademark protection, etc. This chapter has proposed constructive suggestions besides putting forward the problems with the intention of providing references to the perfection of the Chinese famous trademark legal protection system.