Studies On The Protection Of Unregistered Trademarks

In China, unregistered trademarks are allowed to exist under theprinciple of voluntary registration.Unregistered trademarks are being usedwidely in our daily life because of their flexibility, covenience, gettingeasily, adaptance to market and other advantanges. At the same time,infringement of unregistered trademarks often occurs,many speculatorsuse"registered trademark" as the umbrella to register others' unregisteredtrademark preemptively. In contrast, China's trademark law doesn't giveenough protection to unregistered trademarks. Many legal unregisteredtrademarks have not been protected reasonablely. In my opinion, under thecircumstance of the third amendment to trademark law, we should improvethe law of trademark in legislative technique.The author studies the related problems about unregisteredtrademarks' protection from the perspective of the use of trademarks.Basing on this, the author analyses the current situation of proection forunregistered trademarks in our country and strives to improve the system ofunregistered trademarks' protection from the perspective of the use oftrademarks.This article is divided into three parts including the introduction, themain body and the conclusion.The main body is divided into three chapters.The first chapter is aboutthe basic theories of unregistered trademarks. Firstly, the author introducesthe basic concepts of unregistered trademark including the meaning,characteristics, classification. Then the author describs the content of theunregistered trademark's right which contains the right to use, the right to prohibit squatting, the right to dispose and the right to apply for registration.Lastly, the reasons of the existence of the unregistered trademark areintroduced.The second chapter sets forth the theoretical basis of unregisteredtrademarks which includs the basis of legal philosophy and legitimacy ofthe unregistered trademarks' protection. The basis of legal philosophycontains the theory of order and justice, Locke's Labour Theory and thethroey of balance of benefits. Section two deeply explores the legitimacy ofthe unregistered trademarks' protection from the perspective of the use oftrademarks and concludes that the use of trademark is not only the basis ofunregistered trademarks but also the necessary conditions of theunregistered trademarks' protection.On this basis, the author elaboratesfurtherly "trademark use" of the unregistered trademark system.The third chapters strives to improve the system of unregisteredtrademarks' protection from the perspective of the use of trademarks.Thischapter firstly analyses the current situation of proection for unregisteredtrademarks and points out its deficiencies. On the basis of this, the authortrys to construct the mode of protection for unregistered trademarks andputs forward relevant legislative proposals.