On The Identification And Protection Of The Infringement Of Well - Known Trademark

The new trademark law will take effect on May1,2014, the third time revised trademark law to improve the protection of trademarks, the way of identifying well-known trademark made a more clearly defined, especially in the acknowledgment and hit the trademark infringement behavior, etc., were revised more scientific. System of well-known trademarks of our country has long been highly valued by enterprises and society, the cognizance of well-known trademark system and tort litigation and compensation problem has been the trademark management and judicial institutions continue to discuss the important content and perfect; Of the combination of new learning, clarifying the cognizance of well-known trademark infringement and strengthening the protection of well-known trademarks have an important theoretical and application value. In this article, through analyzing the concept and characteristics of famous trademark, further clarify the inner meaning of well-known trademark and theoretical value; by analyzing the similarities and differences of well-known trademark system and standard of administrative and judicial cognizance, suggests that a unified mechanism framework; through the legal principle theory of law for well-known trademark infringement analysis, further clarify the trademark infringement of interests the theory, provide legal basis for effective protection of well-known trademarks, further and put forward the conception of the special protection of well-known trademarks and its realization; combined with the well-known trademark recognition and protection status, put forward countermeasures and suggestions to improve the legal protection of well-known trademark mechanism, provide new requirements on the protection of well-known trademark in order to carry out the new trademark law.