| With the evolution of world economics integration, well-known trademark's commercial value and the economic significance are paid more and more attention by various countries. The well-known trademark infringement dispute occurs frequently. The well-known trademark's legal protection has become the hot topic of international society. However, compared with the international protection level, in our country well-known trademark legal protection system also has certain disparity. There are still many problems which urgently wait to be solved. Therefore, the author attempts to promulgate the question which exists in our country's well-known trademark legal protection system through this article. According to profiting from predecessors' research result and generalized analysis of judicial practice questions. The author analyzes the reasons and propose shallow countermeasure that solves the question. The paper is divided into four chapters:The first chapter mainly has outlined the main international convention and definition of the well-known trademark concept of various countries, the basic legal characteristic and well-known trademark recognizing. Influenced by traditional legal science thought, legal protection's research to the well-known trademark should take the well-known trademark concept as the most important question needing to be elaborated. This chapter, through analyzing the international convention and various countries' national law c, infers the definition of the well-known trademark concept, which is influenced by the legal system, the law ideological mode and the historical culture, is different. The UK-US legal system country does not have the explicit well-known trademark concept and they only take it as one kind of protection system regarding. Only a few mainland legal system countries, such as Japan and our country, involve the concept in the legislation. In our country's "Well-known trademark Recognized that with Protection Stipulation" ,the well-known trademark is defined as the trademark which is well known and enjoys the high prestige widely in China for the related public; The most universal essential feature of well-known trademark is induced: First, high popularity; Second, remarkable social prestige; Third, regional characteristics. Recognizing famousness is elaborated mainly from the well-known trademark recognized principle, recognized main body, recognized pattern and recognized standard. Elaboration puts emphasis on advantage and difference of double track recognizing pattern and the single track recognizing pattern and "the related public" questions in recognizing standard. Through the above analysis, the administrative recognition and judicial recognition of the registered well-known trademark and the unregistered well-known trademark are compared and studied. The difference of the recognizing main body and recognizing potency of administrative recognition and judicial recognition is elaborated. The main body of administrative recognition is: The trademark bureau, the trademark appraisal committee. The main body of judicial recognition is: The intermediate above people's court and the basic-level people's court in big urban authorized by most high court. For recognition of potency, the judicial recognition has the result since whose potency is higher than that of administrative recognition. In elaboration of recognition of unregistered well-known trademark, it is elaborated that the well-known trademark's protection system in our country's present "Trademark law" is different according to "registers to well-known trademark's protection in our country or not". Meanwhile, it is pointed out that the trademark is famous or not is only one kind of fact condition, which has nothing to do with registration.The second chapter mainly elaborated the present situation and the question of well-known trademark protection. The present situation of Well-known trademark protection mainly embodied in two aspects, international convention and various countries' legislation as well as to well-known trademark specific and special protection measures. The present question of international and domestic well-known trademark legal protection is mainly embodied now in international convention and various countries' domestic legislation which influenced by regional characteristic. Discussion of our country's well-known trademark legal cannot leave the international background. Internationally, the legal regime to protect the well-known trademark mainly manifest in "the Paris Convention", the TRIPs agreement and "Union Suggestion". From "the Paris Convention" to the TRIPs agreement again to "Union Suggestion", basically manifest the well-known trademark international protection system from the low process which consummates unceasingly to high. This article introduced in turn three big joint pledge protection's characteristic and the advanced place, "the Paris Convention" involves the legal protection of well-known trademark most early, but the strength is weak and the range is small. We said that "the Paris Convention" provides relative protection to the well-known trademark. Comparatively, TRIPs agreement's protection is greatly strengthened, where well-known trademark's protection is enhanced to a higher level and the protection system provided is also quite comprehensive. Therefore, we called that absolute protection. Then, "Union Suggestion" based on this has made the new contribution. It has further been cleared about the definition of related public and the extent of protection. It strengthened the well-known trademark protection to be operational greatly and further expanded the extent of protection which involved the protection of network domain name domain and the business name firstly. For the present situation of various countries' national law protection, paper gives examples of American's perfect protection of anti-desalt, German and Greece's countermeasure of unfair competition, Japanese and China's trademark law and so on. To well-known trademark's special protection's measures, the author carries on the elaboration by the administration, civil, the criminal three relief angles and promulgates the specific measures in our country to protect the well-known trademark. Through analyzing present situation of well-known trademark protection, the author based on the fact of our country proposes questions actually existed in the current domestic related well-known trademark legal protection: First, borrows the trademark infringement suit to escape administrative recognition. Second, the recognized question of unregistered well-known trademark as well as the sanction effect question of administrative protection of well-known trademark.The third chapter analyzed and elaborated two questions; first, our country well-known trademark right infringement question; Second, the relief question of violated well-known trademark. Extends with the elaboration method of second part, this chapter classify and elaborate the tortuous behavior type, the main factor of right infringement, the right infringement relief of the registered well-known trademark and unregistered well-known trademark. Where, the right infringement relief method is discussed from two aspects, the administrative relief and the judicial relief. Through comparing and studying the insufficiency in the administrative relief and the judicial relief, paper dug out that the relief of unregistered well-known trademark lacks the actual protection effect and has not been able to realize the legislative original intention and fundamentally pointed out the existing insufficiency in the legislation. Generally speaking, question of unregistered well-known trademark protection is that the right is endowed but relief is insufficient. The obligee lacks effective and perfect relief measures and relief way. In reality, this kind of flaw is very easy to bring on that the protection of unregistered well-known trademark in the certain circumstances even not to be able to achieve the protection level as the ordinary registered trademark. Thus it has violated the legislative original intention to give the well-known trademark high level protection. To administrative relief of right infringement of unregistered well-known trademark, there is a special phenomenon that the administration department has punished many times to the right infringement, but failed to prohibit right infringement repeatedly and which grows strong unceasingly. It is obviously that there exist sad place there in unregistered well-known trademark legal protection system. In view of these questions paper proposed to the well-known trademark right infringement concrete relief measures as well as the right infringement penalty and the sanction measure including concretely two aspects: the administrative relief and the judicature relief. Regarding well-known trademark's protection, it is mainly carried through from the protection of cross kind angle. The protection of cross kind stems from the trademark desalination theory, but in law of our country it is not stipulated explicitly regarding the desalination and has not formed the system info and the complete legal regime. If it really wanted to realize expanded protection of well-known trademark, the counter-desalination legal framework of our country must be established and improved, the desalination concept and recognized standard must be defined and the relief measures of the counter-desalination must be consummated.The fourth chapter mainly studied the question of borrowing the trademark infringement suit to escape administrative recognition and juridical recognition of unregistered well-known trademark. In the research of the ultimate reason of borrowing the trademark infringement suit to escape administrative recognition, author generalized and analyzed mainly from three angles, the legislation, the administration and the judicial and proposed five Countermeasures: First, macroscopic managing the data and the dispute information of the well-known trademark in the nationwide scale using the network information technology, which provides the prompt accurate reference data for the judicial or administrative recognition and avoids "the Kang king" phenomenon occurrence, namely a trademark has been forbid steps onto being recognized as well-known trademark again. Second, from the analysis of administrative relief system, paper posted the disadvantage of administrative protection that the right infringement person grows strong unceasingly in an administrative sanctions the. For example Shantou Corporation received punishment books from dozens of administrative organs and the punishment book reaches 30, but the right infringement is still in the middle of advance. In view of this question, severe laws strategy should be applied to rebuild the authority of the law. Third, in the judicial link, paper proposed to consummate the court judicial review. The key is to examine accused right infringement person's main body situation and the relation with the obligee.At the same time, the basic information of the accused right infringement product is examined, including output, sales volume, product name, source and so on. In addition, what must be paid great attention to examine is the subjective mistake and the motive of the accused right infringement person who used the obligee's trademark.Fourth, the consummation of "the two-track system" pattern of recognition.Paper proposed to balance the interest relations of administrative recognition and judicial recognition and consummates the benefit choice of recognizing way in the well-known trademark of the litigant. The operational means are: First, enhances the efficiency of administrative recognition, simplifies the procedure of recognition; second, balances the cost of administrative recognition and judicial recognition of the well-known trademark and requests the government and the enterprise treat well-known trademark correctly, canceling taking the well-known trademark as the achievements inspectiing standard and high quota reward. The problem of intention to taking advantage of the false trademark infringement suit to escape the administrative recognition can be solved from the system. Fifth, examines the domain name dispute case strictly, especially disputed fact. Presently along with networking's development, new kind of right infringement appeared which shoud be treated seriously. Simultaneously, must strengthen the trial surveillance strength in the court interior; the second question is judicial recognition of unregistered well-known trademark. This question can be verified mainly by right determination of intellectual property rights which is clear from the TRIPs agreement. The court's recognition of the well-known trademark is the judgment one kind of fact condition, which belongs to the recognizing scope of case fact part. In addition, the recognition of the well-known trademark by court is more effective and potency than that by administrative recognition. Therefore, the court should not be limited to recognize the unregistered well-known trademark on the standing that whether the trademark has been registed, which violated the legal suitable rule and denied final jurisdiction of the court. Therefore, regardless to consummating the legislation or request to base on the objective reality the court shoud be endowed the recognizing power of unregistered well-known trademark.In short, with the deepening of Chinese market economy development, trademark infringement cases will continue to increase, the legal responsibility of protecting well-known trademarks will increase, too. It is theoretical and reality that probe into those which avoid executive and judicial conduct to the unregistered well-known trademarks through the trademark infringement lawsuit. It is also urgent hot spot in the current works for legal protection of well-known trademarks. To solve the problem need the theorists and practitioners practice with the sector, promote each other.
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