China And The United States Trademark Protection Comparative Study

Along with increasing development of our socialist market economy, the structure of market economy gradually being mature and perfect and the market competition aggravating constantly, the quality of products have caused attention by many enterprises, but the competition is no ending in the market economy environment, especially while the varieties and quantities of products growing rapidly, it is essential for one company how to become excellent among numerous enterprises, More and more enterprises have realized the importance of trademark, which is representative of business credit in some degree, if they have no trademarks, their products will be lack of advantages in competition with other enterprises.When we entered the WTO, our governments and enterprises attached more importance to protection for the right of trademark. Because of our market economy initiating later, it is inevitable to exist some flaws in legal provisions and protection systems of the right of trademark. Compare to U.S.A., in view of the full development of market economy, the implementation of trademark laws for long time, lots of successful cases to be supplementary to the trademark laws (the Lanham Act), abundant experience to be accumulated in practices, there are so much wonderful experience and system to be helpful for us to use.This article includes five sections. First of all, the author introduces origin and characteristics of trademark in our and foreign countries in the first part In Part Two the author describes the system of acquiring the right of trademark in China and U.S.A., and analyzes relevant regulations on the system of registering trademark by contrast. The third, fourth and fifth are the key points of this article. In Part Three the author introduces and comparatively analyzes actions of infringing the exclusive right of trademark. In Part Four, comparing China and U.S.A., the author introduces relief measures are to be taken according to regulations of administrative, criminal and civil laws after infringement. In the last part, the author combines the preceding narration and put forward own proposal on how to consummate our legislation of trademark and the protection systems.Finally, the author can not but say, although attempts to completely and deeply compare...