Recognized By Well-known Marks Judicature

Along with the modern market economy's development, the commodity competition gradually transforms into the trademark competition, this kind of competition tendency promoted the trademark's function change, causes the trademark from the pure identification sign to one kind of honor symbol, it has often represented enterprise's goodwill and the commodity quality, itself has the very high commercial value. Therefore, the occurrence of trademark right infringement case is getting more and more frequent. Because the well-known marks itself is containing the huge economic value, compared with the ordinary trademark is easier to receive the violation, thus how to protect the well-known marks became the question which all countries must face. Our country well-known marks protection system is established on the confusion rationale, the recognized pattern is the single track system which only recognized by the Administrative organ, this kind of sole pattern does not adapt the well-known marks protection trend. The Supreme People's Court has realized the question, and has entrusted People's court the right to recognize the well-known marks judicature by judicial interpretation. From then, our country has formed the legal mechanism that People's court to recognize the well-known marks.Because the judicature recognized has the strict legal procedure, through well-known marks recognized to obtain the effective legal protection has stopped the unfair competition, thus it produce the positive legal results and the social effect .But along with the judicature recognized of well-known marks become popular, it also has some questions in reality. This article begin to well-known marks elementary theory obtains, and analyze the well-known marks judicature recognized in our country, and the same time propose some conception to improve our country's well-known marks judicature recognized.The full text is divided into three chapters. The first chapter is a outlook about the well-known marks and the judicature recognized. Because there is no explicit definition of well-known marks, the article makes a comparison about the Sino-US well-known marks protection system, then present the cause, effect and situation of our country well-known mark's judicial protection. The second chapter begin to the mode of our country well-known marks judicature , through analyze all sorts of hidden danger of our country well-known mark judicature recognized, then summary the factor that judicature recognized of well-known marks must consider, and proposed the principle that our country well-known marks judicature recognized must insist.The third chapter base on the analysis of former text, and the present situation of our country well-known marks judicature recognized, proposed some conception about the development of our country well-known marks judicature recognized.