Research On The Related Questions Of The Special Protection Of Well-known Trademarks

With sustaining development of the productive forces, the quantity and varity of the commodities are becoming richer and richer. People begin to care the trademark of the commodity expect the quality and function of the commodity, as the trademark is the symbol of honorable status. Because of the successful propagandism and the high quality of the commodity signed by the trademarks, some ordinary trademarks turn into well-known trademarks. And these well-known trademarks not only can give a guide to the customers by identifying the source of the commodity, but also can attract the customers by the value and reputation that they contained.The legal protection of well-known trademark is a key issue in the field of world intellectual property rights. Concerning the protection of well-known trademark, International legislation expands the extent of protection, and many countries followed. Influenced by different traditions,histories and cultures,legal opinions and development of society and economy. The countries have different systems about recognization and protection of well-known trademark. However, with the integrity of world economy, different countries have the similar tendency of trademark legislation. The thesis analyzes the basic theory,legislation and judicial practice of well-known trademark in China and other countries,in ways of demonstration analysis,comparison analysis,and interest balance,trying to contruct the theory System of well-known trademark protection,which is progressive and conform to the situation of our country.This thesis comprises 4 chapters, totally 44,000 words.Chapter 1 carries out analysis on theories of the protection of well-known marks. The conventional protection against likelihood of confusion has been incompetent for well-known marks. EU has introduced likelihood of association to the protection of trademarks, and America has the theory of dilution for the protection of famous marks. In my opinion, in addition to protection against confusion, we still need hold the reputed marks against the dilution of distinctiveness.Chapter 2 summarizes the international rules and practice of several other countries. Paris Convention for the protection of Industrial Property, TRIPS, and Joint Recommendation Concerning Provisions on the protection of well-known marks provides guidelines for national legislation. Different from marks with reputation in EU, America has famous marks, which mean truly prominent and renowned marks. As a result, the scopes of protection are different.Chapter 3 introduces the legislation of well-known trade mark, then analyzes advantages and disadvantages of registered and unregistered well-known trademark in aspect of special protection and some problems existing in cognizance system and practice.Chapter 4 puts forward some proposals to set up anti-dilution system info after finding out that theory of anti-dilution is exerted very well in the international society and it is possible that we based anti-dilution system info. Then we put forward a lot of suggestions to solve the problems existed in chapter 3.