On The Unregistered Trademark Protection Of The Law

China has been pursuing the principle of trademark registration, which is a registered trademark of reasonable existence is not provided a lawful basis, in addition to unregistered trademarks inherent flexibility, cheapness and other advantages, makes the existence of a large number of unregistered trademarks. However, excessive focus on China's trademark registration system in the form of registration and the use of insufficient attention to this, unregistered trademarks in China is very limited access to legal protection. In recent years, individual cases of infringement of unregistered trademark appearance, and showed increased scope and impact of the trend to expose the shortcomings of trademark law. In this case, the legal system of trademark protection norms, increasingly attracted attention. Purpose of this study is to explore the importance of the protection of unregistered trademarks, of the protection means, and our legislative suggestions.Research methods used in this paper include: system analysis, historical analysis, comparative analysis, empirical analysis, value analysis and logic analysis methods.Text includes five chapters. The first chapter is not a registered trademark of the concept, through a case, to understand the concept and role of trademarks, to further clarify the concept of an unregistered trademark. Chapter II unregistered trademarks protecting the reasonable and necessary for analysis, the first property of the unregistered trade mark rights are analyzed and classified, to compare the registered trademark and unregistered trademark of the different needs and then find unregistered trademarks protection reasons. Chapter III Two Legal legal protection of unregistered trademarks of comparison, examine the common law in the UK, U.S. and Hong Kong, civil law in Germany, France, Japan and Taiwan have not registered for trademark protection legislation, to on our legislative reference. Chapter IV of the protection of unregistered trademarks situation and analysis, analysis of China on the legal protection of unregistered trademarks of inadequate legislation. Chapter V Perfecting the legal protection of unregistered trademarks of the recommendations proposed in the "up mainly for supplement" under the principle of trademark protection is not clear the legal status of a registered trade mark, thus improving the shortcomings of existing trademark law, while , should be more active play, "Anti-Unfair Competition Law" in the legal protection of unregistered trademarks of the function.The paper concludes that the system of trademark registration in China unswervingly under the premise of legal protection of unregistered trademarks of reasonable international and foreign experience in transplants, digestion, absorption, by improving the trademark law, unfair competition law in particular, the relevant laws system and unregistered trademarks in China all-round, multi-level legal protection.