On Construction Of Quitting Mechanism Of Well-known Trademarks In China

The well-known trademark system could have effectively stopped the act of hitchhike and protected the trademark which has high reputation. However, this system in our country is seriously denatured. That well-known trademarks are everywhere, well-known trademarks become infamous, well-known trademarks are over promoted has made the well-known trademarks become a kind of promoting resources which those enterprises are fighting for. Some trademarks are still promoted in the name of well-known trademarks although they are no longer famous. We cannot stop this kind of action as a quitting mechanism of well-known trademarks is not established in China, so the State Trademark Bureau put forwards an assumption of establishing quitting mechanism. Based on the achievements made by those previous people, the writer tries to pose a framework plan for the quitting mechanism of well-known trademarks.This essay is divided into five parts.The first part: the basic issues of well-known trademarks. Based on the concept of well-known trademark, the writer summarizes the three elements of well-known trademark。Then, the writer gives a review of the legislative process of well-known trademark and makes a summary of legislation of each period which includes the stage of appearance, systematization and rapid development. In the aspects of denaturalization of use and promotion, the writer analyses the reason, phenomenon and harm of the denaturalization of well-known trademark. Finally, this essay discusses the necessity of a quitting mechanism for well-known trademarks in three levels: realizing the return of value of well-known trademark, protecting the trademarks of high goodwill and protection trademark order.The second part of the revocation mechanism of the lack of well-known trademarks. Analysis of the missing were the reasons for revocation scheme, harm, and further discussed the need for well-known trademark cancellation mechanism.The Third part: the action of revocation of well-known trademarks. The writer discusses the revocability of well-known trademarks in the aspects of judicial and administrative identifications. The revocation of well-known trademarks can be divided into two kinds: one is the revocation of judicial or administrative identify action, and the other is the revocation of the famous state of well-known trademark. Based on the following four reasons, a well-known trademark can be withdrawn: the pre-identification have a positive influence on the goodwill, the declination of goodwill is a slow process, the trademark will appear in the list of well-known trademarks after the identification.The fourth part: the quitting standard of well-known trademarks. When a trademark quits from the market, the following situations should be taken into consideration:①trademark has been withdrawn,②the trademark is identified because of false litigation,③the product have serious quality problems,④the market share declines seriously,⑤the degree of popularity by related people declines seriously. The fourth part: quitting procedure of well-known trademarks. The revocation of well-known trademarks can be divided into active and passive revocation. Moreover, the passive revocation can be divided into the revocation of court and the revocation of administration. The revocation of court can only be complied through trial supervision procedures, and to establish a system that the third party outside the case applies for the revocation of well-known trademarks is necessary.The fifth part, the procedure of revocation of well-known trademarks. China only trademark cancellation proceedings, and no revocation procedures well-known trademarks, so the revocation procedures well-known trademarks recommendations: the well-known trademark revocation revocation divided into active and passive withdrawal, which is divided into passive withdrawal and administration of the court revoked Revoked. Can only be revoked by the court for trial supervision procedures, and to establish a case of third party outside the well-known trademarks for the revocation system.The conclusion: the effect of well-known trademark after quitting. After the revocation, the well-known trademarks are not protected any more; neither can the well-known trademarks be promoted in the name of famous trademark, but the revocation of well-known trademarks does not have retroactivity.