Study On The System Of The Well-known Trademark Judicial Confirmation In Our Country

The Well-known Trademark judicial confirmation is referred to the action that the court determines the disputed mark is"The Well-known Trademark"or not according to the request and the circumstance during the specific trademarks cases. To the confirmation of The Well-known Trademark, China has a development from administrative confirmation to both administrative confirmation and judicial confirmation. The "trial on civil disputes related to the computer domain case law applicable to the interpretation of a number of issues" which is promulgated in July 2001 and the "trial on the trademark law applicable to cases of civil disputes the interpretation of a number of issues" which is promulgated in October 2002 both by The Supreme People's Court constituted the main legislative authority of the system of The Well-known Trademark judicial confirmation. The system of The Well-known Trademark judicial confirmation is referred to the all specific legal systems on the Judiciary which contains the scope, the organization, the effectiveness, the principle, the criteria, the evidence, and so on. From 2004, the judicial confirmation quickly becomes the main path for company to get The Well-known Trademark. Today, The Well-known Trademark judicial confirmation has become the hot spot in the trials of intellectual property rights. But in the fact, there are so many problems in it. For example, how big is the scope of it, how to set the confirmation organization, how to design the criteria and so on. It has proved that the system itself still exist many problems in the Practice, and it is needed to make a systemic study on the system of The Well-known Trademark judicial confirmation to improve it.In the first part of this paper, the author tidied up the development of The Well-known Trademark judicial confirmation. At the same time, the author explained the justifiability of the system of The Well-known Trademark judicial confirmation and expressed her strong support to it. In the second part of this paper, the author deeply expatiated the problems that existed in the system of The Well-known Trademark judicial confirmation, which contains the scope, the organization, the principle, the criteria and so on. In the last part of this paper, the author gave her advice on these problems.