Protection For Unregistered Trademarks

Our country adheres to voluntary principle of registration in trademark law. So unregisteredtrademarks exist in large quantities and that has become an important economic phenomena. Butwe protect registered trademark more and be short of protecting unregistered trademark. I think,whether registered trademark or unregistered trademark should be subject to the equal protection,because they are all contains goodwill, we can not ignore their protection only because he is notregister. Coordination to improve trademark protection system is more conducive to thedevelopment of China’s trademarks.Four chapters are included in this paper. Start from the trademark essence of the object,discuss why we will protect trademarks and then obtained unregistered trademarks should beprotected from the conclusions. Chapter one is the basic theory, discuss the concept of trademark.In addition, distinguish the form of the object and the substance of the object. By comparison, wefound that the purpose of the legislation on marks is not have additional protection on the basis ofcopyright law and patent law. He wants to protect the goodwill of the trademark in use of theprocess of formation and growing. Either registered trademarks or registered trademarks. Countriesin the trademark legislation uses a different principle of trademark protection is not the same. whenthe trademark owner uses his trademark and cost money or time in it, we can say he has createdgoodwill. So the trademark he has used must be equal protected, whether or not be registered. Thesecond part of this article introduced relevant laws and regulations in other different counters, andcompares the advantages and disadvantages between them, and describes how our law is theprotection of trademarks. Chapter three is the focus of the full text. Include what is unregistered,why did they exist and why we will protect them, and different models of how the degree ofprotection of unregistered trademarks. The last part of the article is about China’s trademark law.Since the legal tradition, China’s existing laws are not enough efforts to the protection ofunregistered trademarks.On the basis of analysis the front content, the authors put forward some ofhis own views.