On The Legal Protection Of Well-known Trademarks

In this paper, well-known trademark's recognition and protection legal system have been introduced and analyzed. Combined with practice, it points out the shortcomings of the legal special protection system of famous trademarks and makes the appropriate sound advice.This article is divided into three parts : The first part is the introduction, which shows practical significance of this topic and main thrust of this article. The second part is the body, which is divided into four chapters. The last part is that the conclusion of this article has been summarized and concluded.This body is devided into four parts. The first chapter is an overview of well-known trademark protection legal system . In this section, the author intended to answer what the well-known trademark is, why it needs special protection, and how much protection it should have. Among these, it focuses on the theories of legal protection of well-known trademark——confusion theory, the association theory and the anti-dilution theory, This section of the article provides theoretical grondwork for the final conclusions.ChapterⅡis change of legislation about well-known trademark protection. Through comparation as a basic study method, it brings brief description of international and domestic legal protection texts of famous trademarks, including the "Paris Convention", TRIPS Agreement and other international conventions, and the well-known trademarks protection legislation in United Kingdom, United States, Germany, France and other major countries of the world. In the end, from the horizontal and vertical angles, it reveals the complete picture of well-known trademark protection system in China.ChapterⅢis the status of legal protection for the well-known trademark. The legal protection of well-known trademarks is consisted of two parts——special protection systems and identification, and we will talk about them seperately. First, it will describe and analyze the existing identification system, including principles, identification methods, identified institutions, standards, effectiveness as five sub-parts. Then, well-known trademark protection system will be discussed into four specific sub-parts, including unregistered well-known trademark, cross-class protection of famous trademarks, conflict resolution between famous trademarks and business names, and conflict resolution between the well-known trademarks and domain names. This chaper is to reveal difficulties of the well-known trademark protection system in China, and provides background and evidence for the conclusion.ChapterⅣ, the following five major content would be considered and recommendations are made upon the discussion, including the positioning of well-known trademarks; well-known trademarks Judicial Confirmation System; the association theory and the anti-dilution theory; unregistered well-known trademark protection; cross-class Protection System; establishing a system to limit the rights of well-known trademarks.