The Legal Rules Used By Well - Known Trademarks

With the rapid development of social economy, more and more people recognize the importance of trademarks as the source of the goods or services identified, came into being is a national law on the trademark use and protection regulation. Well-known trademark system is one of the most important institutions of trademark protection system, according to the internationally accepted meaning, refers to the well-known trademark is well-known trademarks of the relevant public. Because of well-known trademarks have higher public familiarity makes it easier to be infringing or the occurrence of trademark disputes, so the establishment of the use and protection of well-known trademark is to be used in case of trademark infringement or trademark disputes occur, in order to obtain more than the ordinary trademark more protection, making the trademark rights of people to get more remedy, achieve a balance of interests, and ultimately can better protect their trademarks, to maximize economic benefits. The original intention of the establishment of the world famous trademark system is mostly here.In response to the economic development of our country and the international community trends combined with the actual use and protection system is also set up on the basis of their well-known trademarks, the state established the starting point of this system is good, but in practice has appeared in a wide variety of use problem. These problems generally have the following two reasons: one, because of a misunderstanding of the nature of the well-known trademark system, resulting in the alienation of the use of well-known trademarks. In practice, people tend to get well-known marks, get a number of well-known trademarks have interpreted as an honor, and in the interests of drivers put this in this system is to prevent unfair competition alienation has become a new kind of unfair competition. On the other hand, imperfect laws. For example: the long-term well-known trademarks vague concept of well-known trademarks in principle is not clear, well-known trademarks standard is too general lack of maneuverability, well-known trademarks and administrative judicial determination that standard is not unified, well-known trademarks and the obvious contradiction between the famous Trademarks are difficult to fix, these have become a well-known trademark difficult obstacle return primitive.In this paper, two cases of the specific description of the well-known trademark in the course of the problems, seeks to combine the protection of well-known trademarks change course to find the root problem of the use of well-known trademarks. The third modification is completed in 2013, and in May 1, 2014 officially promulgated "People’s Republic of China Trademark Law" for the well-known trademark protection has been re-location analysis, this well-known trademark for solving the current problems in the course of play the pivotal role. Well-known trademarks for the current process of using the existence of conditions in the new "Trademark Law" was promulgated to solve some of the problems on the basis of some of the basic problems of the current persists, the paper aims to draw on excellent paper, literature and foreign experience on the basis of, combined with China’s specific conditions, in line with China’s national conditions put forward some solutions to well-known trademarks in favor of the use and development, but also more conducive to the further improvement of China’s trademark system.