Study On The Legal Protection For The Unregistered Trade Marks

Our implementation of obtaining the trademark rights is a registration system, withthe development of market economy and the fierce competition, more and moreunregistered trademarks are active in the market, but our laws are not enough on theprotection of unregistered trademarks.A mark can identify the source and the function ofthe advertising, with the operators investing much more, its property value graduallyenlarging and becoming an independent property, and its value is far greater than thevalue of the product itself.The market is a hotbed to make the trademark have propertyvalue, in the market trademark becomes to property with a huge economic interestsfrom a glyph. Unregistered trademark has not been registered, after the baptism of themarket competition, but it seems to have become an intangible asset that can bringeconomic and social benefits for the owner of the trademark, and therefore shouldincrease its protection.The purpose of this study is that through current legislativeprotection of the unregistered trademarks and judicial practice exploring the lack ofprotection of unregistered trademarks to balance the protection of registered trademarks,and unregistered trademark.The article uses a historical method, comparative methodand inductive method analysis of some of the issues involved in unregisteredtrademarks.First, the paper elaborates concepts and features of unregistered trademarksand analyses the necessity and its theoretical basis of unregistered trademarkprotection.Secondly,investigates the Two Schools unregistered trademark protection,through the analysis of an unregistered trademark protection system of legal protectionin the major common law and civil law countries, regions, comparing their respectiveadvantages and disadvantages. Again, divides unregistered trademarks into ordinaryunregistered trademarks, the impact unregistered trademarks and well-knownunregistered trademarks, defines the rights of unregistered trademark and its protectedrange, and discusses judicial practical situations. The last analyses the lack of ourprotection degree of legal protection, the operation of law and legal integration onunregistered trademarks on the basis of the preceding and proposed relevantrecommendations.Conclusion of this paper is on the premise of the implementation ofthe principles for registration, learning and absorbing reasonable experience from thelegal protection of foreign unregistered trademarks, through the improvement of the legal system of the trademark law, unfair competition law of unregistered trade marksoffer unregistered trade marks an effective and full protection.