On The Well-known Trademark Determination And Protection

Well-known trademark is the essence, pride of national industry and commerce, and the invaluable treasure of country. Well-known trademark as one kind of invisible property, is long-term managed painstakingly by the owner of trademark, it embody the painstaking effort and credit standing of the operators. With the continuous development of economy and the world economy continues to speed up the integration process, well-known trademark is becoming a very useful tool for enterprises to participate the fierce competition in international market. This paper use positive analysis method and comparison analysis method, through the analysis of the legislation and practice of well-known trademark to point the deficiency of well-known trademark determination and protection and put forward some pertinent suggestions.This paper is divided into three parts of preface, text and conclusion, of which the text is divided into four parts as follows:Part I, the summary of well-known trademark .Firstly, introduced the definition of mark. Secondly, introduced the regulations of three international conventions relative to well-known trademark determination and protection then educed the definition and legal characteristics of well-known trademark.Part II, the well-known trademark determination. Firstly, analysis the principles of well-known trademark determination in china which include the principle of individual case effective and the principle of passive determination .Secondly, introduced the current two main ways of the well-known trademark determination, active determination and passive determination, and analysis the administrative and judicial determination of our country. Thirdly, through introduced and analysis the regulations about the subjects of well-known trademark determination of our country, proposed the reasonability thinking about consumers as the subjects of determination.Part III, the well-known trademark protection .Firstly, introduced the current fundamental theories of well-known trademark protection, the theory of confusion, the theory of association, the theory of unjust enrichment, and the theory of dilution .Secondly, introduced the foreign regulations , the international conventions and main foreign countries, of well-known trademark protection , and regulations in china.Part IV, according to the deficiency of well-known trademark determination and protection, this paper proposed seven improve suggestions of well-known trademark determination and protection...