On The Legal Protection Of The Unregistered Trademarks Under The Principle Of The Register

Our country implements the trademark registration system to acquire the exclusive right to use a trademark, in line with the fast-paced market operation and market players' need of secruity expection of the exclusive rights of trademark ownership .This registration system is reasonable. But Our country's trademark registration system is excessive concern on the form of registered and not enough concern on the use of registered, which, the legal protection of unregistered trademarks in China is very limited. The same to the registered trademarks, unregistered trademarks having the function of distinguishing the source of the goods and the service, being the use of the trademark condensation of labor, being the reputation of a certain load, are reasonable and inevitable. Therefore, we should protect unregistered trademarks properly in line with the protection of registered trademarks.The purpose of this paper is to perfect the legal protection system of the unregistered trademarks, and seek a reasonable balance between the registered trademarks and the first using unregistered trademarks.On the one hand we can fully respect our country 's trademark registration system,on the other hand, we can reflect the essence of trademark right and the social equity. The author mainly uses the system analysis, the value analysis, the real diagnosis analysis, the comparative analysis and the logic analysis research technique, from the unregistered trademarks legal protection starting with the necessity and rationality, draws on international conventions and unregistered trademarks abroad for legal protection of the experience of my country's unregistered trademarks legal protection legislation and judicial practice deficiencies. The conclusion of this paper is to not wave in our country 's trademark registration system under the premise of the protection of the unregistered trademarks international law abroad, as well as reasonable experience transplants, digestion, absorption, through the improvement of the Trademark Law, the Anti-Unfair Competition Law, Civil Law as well as other relevant legal system of our country, in order to multi-directional and multi-level protect our country 's unregistered trademarks.