| Mainly through combining the current situation of intellectual property protection in our country, especially that well-known trademarks are repeatedly frustrated in the competition in international market which has a strong impact on national image and performance of enterprises, severe issues faced by our country's well-known trademarks are raised starting with several cases in this paper, thus useful theoretical research is made for the cultivation, identification and protection of well-known trademarks. The paper is made up of three chapters: the connotation and identification of well-known trademark are made clear in chapter one; the existent practical questions concerning the protection of our country's well-known trademarks are dissected in chapter two; the legal protection system of our country's well-known trademarks is perfected in chapter three.In chapter one, the meaning of well-known trademark is summarized. The evolution process of the conception of well-known trademark is introduced and the definition of well-known trademark in our country's Regulations for Identification and Protection of Well-known Trademark is made clear: the definition is that the trademarks which are widely known by relevant public and enjoyed higher reputation in China. Then, the identification and protection for well-known trademarks are set forth, from the evolution of our country's well-known trademarks legal identification system, from nonexistence to pass into existence, from existence to in its entirety, from initiative identification and general protection to passive identification and case protection. From Interim Provisions on Identification and Administration of Well-Known Trademark of 1996 to Regulations for Identification and Protection of Well-known Trademark of 2003 as well as several judicial interpretations of Supreme Court, it can be seen that the legal norm of well-known trademark protection is gradually perfected. Starting from the conditions of well-known trademark identification, the five factors which should be considered for the identification of well-known trademark in our country are raised and the general protection of our country's well-known trademark is made clear, that is, protection beyond category for registered well-known trademarks and protection of the same category for unregistered well-known trademarks. Regulations for Identification and Protection of Well-known Trademark gets involved in trademark infringement, for trademarks which are announced to be unregistered, persons involved can raise objection to trademark office; for trademarks which are registered, persons involved can request ruling for canceling to trademark review and adjudication board. If well-known trademark is registered as the name of enterprise, persons involved should apply for repealing name of the enterprise to enterprise name registration authority. On the aspect of protection beyond category for well-known trademarks, the protection is more comprehensive for the identified by State Bureau for Industrial and Commercial Administration, while protection beyond category is relatively restricted for the identified by justice.The existent questions concerning the protection of our country's well-known trademarks are dissected in chapter two, starting from several cases, the current situation of rush-register and loss caused by it are illustrated with full and accurate data and the purpose of rush-register is analyzed in brief. With regard to the issues in the identification of our country's well-known trademarks, first is the aspect of judicial identification: firstly, the threshold for identification is lower, thus the identification is easy to spread without restriction caused by factors out of judicial cases; secondly, identification standards are not unified, which exists comparatively large space of free appreciation; thirdly, the internal of court system is lacking in effective communication and information sharing. Next is the issue concerning the extensity of identification for well-known trademarks, the region is limited to be in China, which is not in agreement with the spirit of Paris Convention and Trips agreement. Last is that the identification process of well-known trademark has problems, with the implementation of judicial review system, the situation that the final decision-making power of trademark ownership is unreasonably monopolized by administrative organ is broke down, the proposal of arbitration intervention is raised by court for the identification of judicial procedure has final effectiveness. With regard to the issue faced by our country's indeed trademark rights mechanism, firstly, the applications is large, the form and category of trademark are plentiful, subject is expanded to natural person from legal person and organization, and review task is heavy. Secondly, trademark appositions are increased which lead to serious arrears of cases, without excluding malicious objection behaviors. Last, the applications of trademark review case are big, and after adding judicial review procedure, pleading cases are increased, which increase the work pressure of trademark judge. Wasting of resources is caused by circuit of action, judicial authority faces challenges. With regard to the conflict between well-known trademark and enterprise name as well as domain name, first is because of trademarks and enterprise names (trade names) are registered separately, it is easy to appear overlap and conflict of right, State Trademark Bureau is the only institution which is authorized to register trademark, while enterprise names can be registered and managed by industrial and commercial administrations from place to place, two procedures and departments of power award are existed at the same time, management system are separated, thus it is easy to lead to conflict. Next is the conflict between well-known trademarks and domain names, domain name is exclusive on the Internet, same trademark can exist in different regions at the same time, which lead to that people who legally keep trademarks register the same domain name and the occurrence of malicious rush-register. With regard to existent issues for the identification of well-known trademark liability for tort, firstly, seven kinds of torts are confirmed in Item 52 of Trademark Law, the solution and punishment for causing disputes as well as exceptions are made clear in Item 53. Secondly, through analyzing criterion of liability for trademark infringement, Severe Liability Rule is led out, the precaution of office establishment lawsuit is investigated and the simultaneous development of protection and limitation is insisted on. Last, through the economic analysis for enterprise tort, illegal motives of infringer are deeply dug and the reasons of infringement are analyzed from the aspect of management.The legal protection system of well-known trademarks is perfected in chapter three. Firstly, the cultivation and protection strategies for well-known trademarks should be established: first is to set up firm trademark awareness and register trademarks timely and scientifically, second is to carry out well-known trademarks strategy, taking hero pen for example, strengthen the self-protective capability of enterprise. Secondly, institution of law for the identification of well-known trademark should be perfected: first is to make clear the issue concerning the extensity of well-known trademark, that is, it should be not only limited in the range of one country, one region or several regions of one country are also allowed; second is to perfect the judicial identification of well-known trademark, guide enterprises and public to form healthy awareness of well-known trademark and prohibit enterprises from increasing propaganda through expressing the typeface of Well-Known Brand in China in advertisements so as to avoid unfair competition, local governments should avoid from misleading enterprises to carry out the policy of encouragement with much money to acquire the identification of well-known trademark, information platform for systemic well-known trademark identification is established outside perfecting register system; third is to perfect the identification institution of well-known trademark, theoretical bases are intervened in arbitral authority and arbitrators have strong specialty so as to increase the efficiency better. Thirdly, the operating system of indeed trademark rights mechanism should be perfected: first is to reform opposition system, optimize procedure, increase the efficiency of indeed rights and avoid the procedure reflow through amending trademark law; second is to increase procedure costs and intensify punishment force for malicious acts; third is to unite the three trials of civil matters, administration and criminal as one, integrating into court hearing of intellectual property rights, which facilitate lawsuit, simplify procedures and ensure the uniform of law enforcement; four is to reasonably define trademark judge's position in judicial review, for the cases which have both parties in review, the original property of indeed trademark rights dispute is returned by taking persons involved as defendant. Fourthly, the conflicts between well-known trademarks and trade names as well as domain names protection are coordinated. First is to make clear the legal relief way for prohibited right of well-known trademarks'enterprise name, when someone else is using well-known trademark as enterprise name, right holder can request people's court to make identification for judging whether the trademark is well-known so as to decide the registration of enterprise name is invalid through applying for starting the identification procedure of well-known trademark or directly starting judicial procedure. Second is the suggestion to solve the conflict between well-known trademark and trade name, except for searching enterprise name, trademark inquiry should be paid attention to so as to avoid the occurrence of collision. The nature of name right of enterprises should be made clear as soon as possible, and it is suggested that it should be protected as an intellectual property, corresponding judicial interpretations should come into existence so as to provide legal ground for solving dispute. Third is to lead in the strategy of domain name, the trademark, trade name and domain name of enterprise should be surveyed, and unified identifier should be used so as to realize the integration of enterprise identification system. Top-level domain also can be used so as to adopt legal measures for malicious rush-register and protect rights and benefits. Finally, relief measure of well-known trademark infringement should be completed, first is brave in international right-safeguarding, active to negotiate with people who rush to register or to internalize the issues, it can also be solved through diplomatic channels, and rights can be protected by using legal weapons, second is to expand protection domain and standardize special protection principle for well-known trademarks; special protection is geared to international standards in lawsuit penalty system, indemnity is enlarged; it is suggested to strengthen legislation and realize the general protection for well-known trademarks.
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