Study On The Legal Protection For The Unregistered Trademark

Unregistered trademarks and registered trademarks, it is the visibility trademark use in thelong-term market activity, use and operation of a commercial standard, it has the distinction ofdifferent goods or services, the source function, the labor and intelligence of the use of thetrademark the crystallization should be protected by law. Because our legal principles of trademarkregistration, unregistered trademark rights of property and legal status in China’s current legalsystem can not find the accurate positioning, so in practice is very confused and unregisteredtrademarks of the legal remedies and administrative, not registered trademark of the legitimaterights and interests in a market economy are often very vulnerable to various forms of violation of,but to seek legal protection Shique often come out of nowhere, no laws. Therefore, in order tomaintain the stability of the order of market competition and fairness and justice of the law, tostrengthen legal protection for unregistered trademarks is obviously necessary.The purpose of this study is a comprehensive interpretation of the attributes of an unregisteredtrademark rights in the trademark registration in China under the principle of legal basis, thelegislative model of a horizontal comparison of developed countries, to provide reasonable andfeasible suggestions for improving our laws on the legal protection of unregistered trademarks. Thefirst chapter of this article has never been a registered trademark of the meaning of start andunregistered trademarks of the existence of reason, the form of infringement, protection basis foranalysis, to fully resolve unregistered trademarks of the basic theory, pave the way for full-text.Involving unregistered trademarks of the legal protection of international conventions, as well ascommon law, civil law in developed countries of the relevant legislation, the observation ofcomparative law, to interpret its various feasible approaches to improve the relevant legislation inChina. Chapter III, the specific analysis of the legislative status quo of China’s "Trademark Law","Anti-Unfair Competition Law","Civil Law" Analysis of its inadequacies, and put forwardsuggestions for improvement of the author targeted.The paper concludes that: a registered trademark of the combination of the invisible labor ofoperators, in accordance with China’s fairness, making compensation for equal value, in good faithlegal principles, the legitimate rights and interests should be protected by law. Unregisteredtrademarks of the prior right to use the trademark rights conflict, should be given prior to useunregistered trademarks continue to use the limit of its trade mark rights in order to compensate forthe deficiencies of the principles of trademark registration.