On The Legal Protection Of Translation In Foreign Language Trademarks From "New Balance"

Along with the development of Chinese economy and the elevation of domestic level of consumption, a variety of renowned merchandise come into the domestic market and let Chinese people become familiar with those famous brands. With the purpose of dominating China, which is a huge market, they try their best to add values of their trademarks with their products, trademarks and promotion of company cultures. When a foreign trademark gets into Chinese market, a trademark which can express both the functions and features of the product. Meanwhile a translated name in accordance with Chinese language environment can make domestic consumers quickly know the trademark. However, if the translated name of the foreign trademark hasn’t been registered in China, it would probably be registered by the same or similar producer as company names or realm names. Then comes the legal disputes. By analyzing the dispute New Balance Co. met after it entered Chinese market,the thesis discusses relative issue, thus researches legal paths of foreign trademarks translated names. The author takes the method of learning from practices on the protection of foreign trademarks in the world, propose and perfect relating institutes in the field of trademark in China : such as Trademark registration censorship and Trademark goodwill Coexistence, in order to establish market environment more accustomed to the world, as well as offer a reference for the globalization strategy of Chinese company trademark.The thesis focuses on special and typical problems being faced when foreign trademarks enter domestic market. The first chapter uses the case “New Balance” to reflect the legal issues relating to the protection of Chinese translation of foreign trademarks;the second chapter mainly introduces foreign trademark and its character,as well as the relation between foreign trademark and its Chinese translation, so as to analyze the law choosing issue of protection ways for foreign trademark translated names; the third chapter summarizes and introduces laws and practices of international treaties and the laws and practices of developed countries on the protection of foreign trademarks translated names;the fourth chapter comes up with the institution construction of laws to protect Chinese translated names of foreign trademarks according to the illustration of path choice and relative international practice as forementioned.