The Legal Protection Of Unregistered Trademark

The good performance of Trademark Right protection system lies in the perfect combination of registered trademark system and unregistered trademark system. With its aim to protect the exclusive rights of using registered trademarks, Trademark Law has established registration protection system to guarantee an efficient and strict protection. But the sole registered trademark system is not perfect and can not solve all the practical problems, so it must perform with the unregistered trademark system. In recent years, conflicts of laws happened frequently in the protection of Business Designation. The main reason is that commercial rights protection system is not in good performance, that is to say, the unregistered trademark system is not given complete understanding and strong protection.In the following article, first, the author will analysis the basic theories of the unregistered trademark system and compare with the two main trademark law systems in different countries and regions. Last but not least, he will also point out the shortcomings of the unregistered trademark system and make some suggestions in the end.The following article is composed of the three parts: introduction, text and end. For text, there are 5 chapters:Chapter one: registered and unregistered trademark. In this section, the author gives a brief introduction of two series of trademark for the necessary pavestone of the next sections, simultaneously gives a analysis of the problem of the sole registered trademark system.Chapter two: theoretical base of legal protection for unregistered trademark. The author demonstrates the propriety,necessity and urgency of unregistered trademark protection from the three sides of practical base, juristical base and international outer base in order to get the substantial theory of the unregistered legal protection.Chapter three: the unregistered trademark legal protection of two main legal chain-country. The author exploit the research field by using comparison method and bring some new thoughts to protect the unregistered trademark for our country.Chapter four: some rules and shortcoming of TRADEMARK LAW of china. The author analysises some rules of TRADEMARK LAW, and points out the shortcoming.Chapter five : legislative suggestion for the unregistered trademark protection of our country. The author gives some legislative advice on three channels: TRADEMARK LAW, LAW AGAINST COMPETITION BY INAPPROPRIATE MEANS and law of tortuous act , and brings the solution for the unregistered trademark protection of china.