Commercial Mark The Protection Of The Law Of Unfair Competition

Any goods and services can be distinguished from the source should be a symbol of intellectual property rights in particular anti-unfair competition law and appropriate protection of the law, which is the essence of international conventions on intellectual property as well as global economic integration and the new technological revolution has been judicial practice by developed countries will also prove to be one of the developing countries continue to verify the legal facts. When the United States, developed countries will be represented by specific elements of the business logo gradually extended to the protection of enterprises and commodities when the overall image and style, China's trademark registration system is not very good under the market economy to meet the legitimate rights and interests of the principal, there are danger from the market, it is necessary to review the protection of registered trademarks in China as the core of the commercial legal system to protect the identity of the biased to conduct the necessary remedial and transformation. This article holds that: on the trade names, packaging, decoration, such as in the form of unregistered trademarks must be given protection and the establishment of trade dress protection of the legal system is a commercial logo of China's legal system the inherent trend of development in recent years is also an urgent requirement of judicial practice . Under the current legal system, these functions will be given Anti-Unfair Competition Law is the most realistic and reasonable choice.In this paper, reference to the United States and international organizations, regulations, conventions and precedents, combined with the legal protection of China's commercial logo of Justice, on the Anti-Unfair Competition Law based on the market theory to confuse non-traditional business logo protection issues discussed. Introduction and the body of the article by two parts. Introduction This article raises a number of cases cited focus on the problems and the issue of judicial practice in a concrete embodiment. The body is divided into four parts:The first part of the definition of a commercial logo, and clarify the business logos and trademarks and trade dress of the relationship, and explore their legal identity, the basic classification and the value of the protection of the law in order to establish a commercial logo of a general theoretical basis.The second part of the trademarks, trade names, trade dress and other specific commercial logo at home and abroad to protect the system profile, the focus of analysis on China's current intellectual property law in the protection of commercial identity problems that exist. On this basis also solve the problem of the legal mode of choice.The third part of the specific on how to enrich, transform and improve the Anti-Unfair Competition Law, in order to build for the backbone of its non-traditional legal protection of commercial identification systems analysis, come up with specific proposals.Partâ…£is divided into concluding remarks.In this paper, the innovation lies in the system of legal protection for trade dress and trade names mainly for packaging and decorating the legal protection of unregistered trademarks included in the system combines the Anti-Unfair Competition Law to adjust the scope so as to solve the current non-traditional business logo inadequate protection and registration of trademark protection over the market lead to loss of main protection and the problem of imbalance, thereby to some extent, address the registered trademarks and unregistered trademarks relations.