On The Legal Protection Of Well-known Trademark

With the development of economy, well-known trademarks are becoming a very useful tool for enterprises to participate the fierce competition in market. Viewing from the points of both the establishment and development of international as well as domestic systems regarding well-known trademark, the author gives us introductions and analyses of the identification and protection system regarding well-known trademarks and further offers her personal views on these points.Part One: The establishment and development of well-known trademark system.The term "well-known trademark" was first introduced in the revised Hague version of Paris Convention in 1925. In 1967, the current version of Paris Convention was adopted in Stockholm Meeting and the provision on prohibiting the use of well-known trademarks was added thereon. Also at the meeting, the time limit for lodging a legal case requesting the cancellation of the registration of trademark out of goodwill was extended from 3 years to 5 years. In 1994, the TRIPS further gave provisions on factors to be considered while identifying a well-known trademark, whether well-known trademark can be used for service mark and protection on well-known trademark for non-similar product and services. Five years later, the Joint Suggestion adopted at WIPO's 1999 meeting further detailed a more comprehensive provisions on the identification and scope of protection for well-known trademarks. According to the provisions, the factors to be considered for the identification of well-known trademark were listed and the definition of related public was given. Also, for enterprises logo and domain names that are conflict with well-known trademarks, the dispute settlement were stipulated. It was also the first time to extend the scope of protection to marks other than trademarks.In China, the first provision related to the protection of well-known trademarks is Article 25 in the Implementary Regulations of Trademark Law in 1993. In 1996, the Provisional Regulations regarding Identification and Management of Well-known Trademark defines the well-known trademark but clearly limited it only to the scope of "registered trademark". This provisional regulations is explicit in terms of its articles regarding protection on non-similar products and services, the identificationcriteria, principles and identification authorities for well-known trademark. The newly revised Trademark Law further explicitly provides the protection of well-known trademark and extension of the scope of well-known trademark to non-registered trademark. And detailed provisions are given for the factors to be considered for identification of well-known trademark. In June, 2003 provisions on the Recognition and Protection of well- known Trademark defined the concept of related public and further modification and revision are furnished for the factors to be considered for identification, evidence to be submitted and procedure of identification.Part 2. Legal protection on well-known trademark1. Identification on well-known trademarkIssues like how to identify a well-known trademark are the preconditions for effective protection on it. The author analyzes in details in terms of identification authorities, means of identification and the corresponding criteria.2 Scope of protection for well-known trademarkIn China, laws and regulations on well-known trademark protection are comprehensive, and comparatively consistent with the internationally accepted criteria. By giving introduction on related Chinese current law and regulations, the author analyzes and explains the protection of well-known trademark in the fields of trademark, enterprise name and domain name so as to assist the well-known trademark holders better understand their rights and protect well-known trademark more effectively.At the end of the article, the author offers her personal views on the legal protection of well-known trademark.