Well-known Trademarks Special Protection

Trademark,as a link between producers and the goods or service supplied by them,performs the function that give references to the source of goods and service. The well-known trademark can transmit enterprise information and stand for commercial prestige independently,as a result,it should enjoy higher standard special protection compared to common trademark.In intellectual economy society,with the enforcement of trademark strategy in various countries,the protection of well-known trademark has aroused widespread attention of the whole world and this problem become important content in 《Paris Convention on Protection of Industrial Property》 (Paris Convention) as well as 《Agreement on Trade-Related Aspects of Intellectual Property Rights》(TRIPS Agreement).Under that circumstance,combining actual situation,China has stipulated relative clauses about the special protection of well-known trademark,and some clauses supply the protection standard as high as that in those international conventions.In fact,these stipulations play a great role in protection of well-known trademark.However,on the whole,the studies about protection system of well-known trademark in China fall behind relatively,many problems need further research not only in theory but also in practice.In view of these problems,this paper gradually and progressively analyze the basic theoretical problems and the relative international and national legislation as well as justice practice about the protection of well-known trademark.Basing on that,the author try to creat a protection system of well-known trademark which approaches to international standard and conform to Chinese reality.Firstly,this paper mainly elaborates the basic theories about the protection of well-known trademark such as definition,character and the difference with other relative concepts.Meanwhile.this chapter puts forward a scientific tentative plan suiting to our actual conditions through analyzing the modes of confirmation and the standard of confirmation of well-known trademark.Secondly,combining confusion theory,association theory and dilution theory,the paper adopts value analysis method to inspect the theoretical source of the...