On The Legal Protection Of Unregistered Trademarks

The current trademark protection legislation is mainly reflected in the "Trademark Law" and "Anti-Unfair Competition Law".From the current Trademark Law, the Act conforms to a certain extent, the development trend of the international trademark protection, absorbed the principles of reasonable elements, but not the registered trademarks and registered trademarks are protected equally. Specifically, the deficiencies reflect the way for the protection of passive object of protection is not comprehensive and the protection of the limited time. The view from China's "Anti-Unfair Competition Law, unregistered trademarks to be protected, and its reflected in Article5of the Act. However, this provision will inevitably make people doubt whether the violations to pass through the "Law Against Unfair Competition" to seek judicial relief only for the well-known commodity related marks?"Obviously, such a requirement not only greatly reduce the" Anti-Unfair Competition Law strong and effective protection "from the perspective of safeguarding the fairness of the trademark does not help to mobilize the non-well-known enterprises to create a positive. China's real situation, because the law allows making unregistered trademarks abound, the law allows unregistered trademarks have the same position in the market and registered trademarks, but only just to give unregistered well-known trademarks and famous trademarks (with certain influence on the unregistered trademark) to protect, and no protection for unregistered ordinary trademark. This can be seen, China's protection of unregistered trademarks are not perfect, the existing regulations has been difficult to adapt to our current protection of unregistered trademarks of the status quo is not conducive to the maintenance of China's social and economic development in order. Therefore, I believe, although unregistered trademarks and registered trademarks should be given the same legal status, but should also pay enough attention to the protection of unregistered trademarks. I hope our law in the protection of registered trademarks at the same time, can also give a more comprehensive protection of unregistered trademarks and unregistered trademarks standardize and guide the implementation of better, unregistered trademarks, trademarks function can be effectively. Therefore, this article will be unregistered trademark protection issues related to the theoretical discussion, and based on the condition of our country, substantive suggestions and comments.This paper uses a literature analysis, comparative analysis and theoretical analysis, mining analysis on the basis of the meaning and scope of the theory clearly unregistered trademarks, unregistered trademarks and registered trademarks, andtheoretical discussion to give legal protection to deal with unregistered trademarks. Thereby combining the current legislative status quo and judicial practice, explore and analyze the legal basis for China's protection of unregistered trademarks of their basis in reality, on the necessity of China's protection of unregistered trademarks. And then by summing up our country is a registered trademark of the conservation status of its deletion, combined with the reality in China put forward specific ideas to improve our country unregistered trademark protection, in order to make reference to China's trademark protection legislation.In addition to the introduction and conclusion, is divided into three parts, articles, a total of more than30,000words.The first chapter described the basic principles of unregistered trademarks. Various views of the academic and unregistered trademarks of characteristics, to analyze the definition of unregistered trademarks, and registered trademark mean it does not enjoy, but the actual use of the production and management in business, already have to identify and distinguish between the signs of the origin of the goods of different producers and traders. Defined from the scope of the protected unregistered trademarks, unregistered trademarks and registered trademarks of comparative analysis. Then raised the academic unregistered trademarks to protect both sides of the debate, described and analyzed the legal basis for China's protection of unregistered trademarks and realistic foundation on this basis.The second chapter begins with the relevant provisions of China's existing laws on the four basic conditions of China's legal protection of unregistered trademarks. Then, respectively, from the "Trademark Law","Anti-Unfair Competition Law, such as the" Civil Law "," patent law "unregistered trademarks of the conservation status of other relevant laws of the class, in-depth analysis through the analysis found that unregistered trademarks existence of basis in our country, and also provides for registered unregistered trademarks prohibition relief, but our protection of unregistered trademarks is still difficult out of the woods, on this basis, summarize and summarize the relevant laws in China in protection of unregistered trademarks on the existence of various missing, pointed out that in China for the protection of unregistered trademarks inadequate, incomplete content, single remedies many problems.Chapter III the defects and shortcomings listed for the front combined with the protection of unregistered trademarks of the theoretical and practical significance, and to explore our theories and methods of the unregistered trademark protection, and legal means to expand China's unregistered trademark protection, and the proposed protection is not registeredtrademark of legislative proposals in order to be able to perfect the legal system of our country unregistered trademark protection benefit.