On The Well-known Trademark Infringement Lawsuit Judicial Determination

With the arriving times of the Intellectual Property Rights, more and more enterprises start to realize the importance of the Intellectual Property Rights. In the process of dominating the domestic and foreign markets, the well-known trademark plays a powerful role. The well-known trademark standing for high reputation contributes to the promotion of the market penetration and International competition of an enterprise. In the suits brought for tort, to judicially maintain the well-known trademark is the first problem remained to be solved. In the concrete judicial practice, to judicially maintain the well-known trademark is easily suffered by the other interferences. This kind of improper behaviors should be deal with by keeping the independence of the judgments and maintaining the efficiency of the case. At present, neither researching on theories nor improving of the rules and regulations is imperfect and remains to rise in the aspect of the trademark anti-dilution. Meeting the rail with the international, combining with the Chinese situation and perfecting the rules and regulations and the relative theories of the protection of the trademark anti-dilution should be taken into the comprehensive consideration to make the well-known trademark be put under full protection in actions.