Case Studies Of Well-Known Trademark Identification

As a precondition for well-known trademark protection, well-known trademark identification gets more and more attention. Although the well-known trademark has been progress rapidly in recent years, the definition of well-known trademarks, identification criteria, identify mechanisms of well-known trademarks identification, management practices and other basic and critical issues still need further improvement. In China People's Court, trial practice of Well-known Trademark is still at the exploratory stage. Undeniably, China's legal protection in the well-known trademark still has many loopholes. Combined with well-known trademarks on the legal protection of the existing regulations in China,relevant international treaties and trial practice, this paper talk about some simple and obvious understanding of the problems of well-known trademarks identification in China and try to put forward my own solutions and suggestions through empirical analysis and comparative analysis. The article is divided into five parts: The first part introduces the basic theory of well-known trademark, then explain the definition of the well-known trademarks, the necessity and significance of well-known trademark identification, to do the basic groundwork for the following analysis of relevant cases in well-known trademarks identification.The second part analysis the international identification standards and domestic situation of well-known trademarks identification through some domestic typical cases, and proposed some deficiencies that need be improved.The third part analysis the identification mechanism of well-known trademark by comparison between China and abroad, problems and the development of well-known Trademark Mechanism in China.The fourth part talk about a phenomenon called alienation of well-known trademarks, alienation contrary to the legislative purpose of well-known trademarks, and then analyzes the causes of alienation.The fifth part analyzes the issues raised by case studying; puts forward problem-solving methods and strategies to contribute to legal practice.