Analysis Of China’s Well-known Trademark Recognition System

Well-known trademarks in China has gradually improved from the imperfect system, the legal system from scratch, fully demonstrates China’s continued well-known trademark is the practice of intellectual property protection a hot issue, but also the field of intellectual property is one more problem. Internationally, both the international Convention for the well-known trademarks of the relevant provisions, or part of the developed countries of the domestic law of the well-known trademark recognition system are where the competent authority, according to the criteria, in what manner these three aspects well-known trademarks. Although each convention or national law are not consistent, but there are still more common internationally recognized standards and accreditation. Moreover, China’s well-known trademarks of China’s own standard developed from the initial identification of the specific standards beginning with the international requirements to the final formation of the coordinated development of the system, its development process reflects our rule of law, progress and well-known trademark recognition system more scientific. However, as the economy continues to develop, well-known trademark standard is also increasingly showing its shortcomings, to some extent hindered the development of China’s trademark market. Specifically, the identified standards of the well-known trademarks in China has been mainly considered is the standards of the widely known trademark, high reputation standards and the relevant public standards. However, China’s well-known trademarks law sets the relevant elements under the condition that a five-point should be taken into account. The competent authority for identifying mark identified the relevant considerations in specific cases when the mark is well-known,such as visibility, geographic scope, relevant public.And there is not a unified phenomenon. And about the standards definition of the specific scope,different voices have emerged between the scholars..So the standard of well-known trademark is not uniform, that leading to the well-known trademark in China deviates from the pre-law track. Therefore, I advance my standpoint to standardize China’s trademark for the perspective of the market order, about the uncoordinated, unified phenomenon for the well-known trademark in China. To the beginning, it is explicited well-known trademark principles, so that we can provide the most basic theory for China’s well-known trademark. Then be based on the principles to further regulate the country’s well-known trademark recognition of specific criteria. Although the specification of the standard well-known trademark, the trademark of China’s market can be standardized to some extent, however, China’s well-known trademarks in the alienation, or as well-known trademark authorities in practice due to misconduct. China’s well-known trademark is one of "dual system" that the executive and the judiciary finds identified.Our executive and the judiciary itself, because of the functions of different organs, has a greater difference in the specific process of recognition of well-known trademarks, standards and identified the effectiveness of other aspects of the results. Although the law system that two organs identified apart has the same aspects, but people in the specific process, identified whether a mark is well-known factors related to different focus, and the adoption of the relevant materials are also different, and the process of recognition of both different degrees of rigor. Because the economy is now driven by the interests, well-known authorities forced the local government and the pressure of the applicant, the specific process of recognition is not fair and reasonable to assume that well-known trademarks, which also makes the performance of China’s trademark chaotic market order. For the reason, I believe that the standards should be identified strictly between the two tracks to integrate the specific standards that two authorities identified in a unified process; the two bodies should consolidate the identification procedures, to reduce bias in the program; then balancing the two-track effect and maintain market stability of trademarks to protect the legitimate interests of the trademark owners. In addition,our well-known trademark recognition system is still existing another important issue that be the well-known trademark recognition method. Nowadays, the "case found that passive protection"principle in China is adopted to identify the well-known trademarks, and the principle has a greater progress,compared with the previous "active protection and batch identified" principle. However, in reality, this type of identification method restraint the rights of trademark owners, and can’t better protect the rights of trademark owners, that lead to false litigation phenomenon. And a simple passive identified approach,instead of a proactive way that contains the advantages of our country’s well-known trademark protection, has to be taken and also reduce the strength that the competent authority can protect the well-known trademarks. Therefore, we can learn from the advanced experience of the foreign-related, and take the initiative identification and passive identification combined to clearly identify the principle in the jurisdiction of the court of justice and improve the legal determination of the relevant evidence,to further the administrative and judicial determination of the identified gap, and also may be appropriate to extend the "case determined" the effectiveness of the trademark and the rights of people to get maximum protection.China’s well-known trademark recognition system makes these flaws well-known trademarks in china has alienation, and not conducive to maintaining market order, to protecting the legitimate interests of trademark owners to protect the public interest. And to make up these limitations, we must stand up China’s reality,and learn from the advanced experience of foreign countries living lesson. And to make up for these shortcomings, we first should be based on China’s basic national conditions, not blindly conform to international development and changes,while the use of a unified international regulations. Well-known trademark recignition system is part of China’s legal system, of which there are inadequate or defective, we should be a rational perspective, to develop or improve practice in line with our needs, and reasonable measures to protect the legitimate interests of trademark owners. Trademark maintains the market orders, and protects the public interest.