The Deficiencies Of The Theory Of Well-known Trademark Judicial Recognition And Correction

According to the relevant provisions of the law, the court and the trademark administration department should confirm trademark based on the principle of need, individual, passive and factual confirmation. But there are differences on the subject confirming standard and legal validity of confirming result, between the administration and judicial confirmation. Which leads to the conflict between the results, even between the judicial effect and administration effect.Because the judicial confirmation is low cost, not time consuming and lack of experience, Some corporations try to make profit from it by the way of well-know judicial confirmation even by false law suit, which lead to the practice of famous trade-mark derail from its purpose, cause great harm to the legitimacy of well-know trade-mark.In view of the well-known trademark judicial cognizance standard of identifying differ, some court relaxed ability is insufficient, false action happened continually and are vulnerable to a local protectionism of the influence of the law to make a series of serious problems. The court in the process of famous trademarks as the function of the need to adjust to make it meet the regression of famous trademarks essence of system of function, and reshape the public to the credibility of the well-known trademark.