On Law Protection Of Our Country' Trademark With Reputation

Trademark with reputation refers to the prestige which is situated between the ordinary trademark and the well-known trademark. It passes through in the use market and has high prestige, and it is well known by correlative public. There are some distinctions and contact among trademarks with reputation, well-known trademarks, famous trademarks, common trademarks well-known merchandise. Based on the Goodwill right theory, the legal protection of trademarks with reputation must be taken to a special mode, in order to crack down on violations of trademarks with reputation, and safeguard fair competition, protection of trademarks with reputation owners, the legitimate rights and interests of consumers and coordinate the international protection of trademarks.Trademark with reputation is divided into registered and un-registered ones. For unregistered trademark with reputation, England, the United States, Germany, Japan and other countries are given right of priority to register the right to trademark with reputation, the right of the register in bad faith to revoke the right to use and Prior use rights. For registered trademark with reputation mainly used the model of Anti-dilution protection against unfair use of or damage to the reputation of well-known trademarks been registered, to prohibit the registration, revocation of registration irregularities and damages system. By contrast, there is no uniform standard of trademark with reputation in Our country. Unregistered trademark with reputation protection is very abstract, it is not good for an unregistered trademark with reputation protection. on the protection of registered trademark with reputation, our country has many trademarks with reputation protection laws and regulations, but there is no uniform determination standards and the protection mode to protect trademark with reputation. The article mainly proposed: Unified determination standard of trademark with reputation in our country should be build. In accordance with the characteristics of Unregistered trademarks, our country should have the Right of first refusal, and improve the revocation of malicious register system, set up the prior use right system, Build the unique anti-dilution protection mode of registered trademarks with reputation , refusing to register, apology, and punitive damages means to protect registered trademarks with reputation.