A Study On Perfecting The Recognition Of Well-Known Trademarks

With the rapid development of the economic globalization,people pay more attention to high value of well-known trademarks. A well-know trademark is regarded as its proprietor's immiaterial property, for it stands for more market occupancy and powerful ability to creat profit. It is because of the above reasons that well-known trademark is more easier infringed than common trademark.Therefor,protection on well-known trademarks has been the focus of most counties. And,the recognization of well-know trademark is premise of the protection.This essay,analyses the trend of recognition of well-known trademark puts forward advice and proposal about the advantages anddisadvantages, the patterns, and the relationship of administrative recognition and judicial recognition according to the legislation and judicial practice in the world, and gives opinions to settle the dispute on recognition. This essay is aimed to find a practical way to regnize well-known trademark, in order to match the recognition of well-known trademark with the protection system and the sociale conomical condition , and promote the regulard evelopment of the market economy in China.This article discusses some problems. Concerning the restruction of the recognization of well-known trademarks . The article is divided into five parts.In perface,this article firstly introduces the background of this article, the theretic and practice value of trademark dilution system,the key problems to be solved in this article and the study methods of this article. The text part is composed by there chapters. The chapter one introduces the general theory of the well-known trademarks. Through the comparison of the domestic and international the well-knowntrademarks concept, we can see the definition of the well-known trademarks. Compared the well-known trademarks with another two different and similar of related concepts at the same time, it can explain the characteristic of the well-known trademarks clearly.The second chapter discuses the subject, method and premise of the recognition on the base of inner laws and international agreements related and main principles reflected in them . Also, this essay,discusses the lawmaking and development of the recognization and protection of the well-known trademarks. It introduces the international convention in the protective provision of concerning the well-known trademarks ,and elaborates the merits and shortcomings.The third chapter discusses how to recognize well-known trademarks. It discusses in detail the various factors of the recognization of the well-known trademark. Comparing two kinds of recognization of the well-known trademarks , we can see the gains and losses of each one.Have The conclusion of this part is that the protection system of positive and passive protection on well-known trademark shall be adopted in China.The last chapter is the emphasis in this article, through the analysis of the third chapter,provided suggestions for how to perfect the legislation on the recognization of well-known trademark.In epilogue, this article summarizes its advantages and disadvantages and prospects the trend of trademark recognization in our country.