Research Of Well-known Trademark Infringement Identification

Well-known trademark is not a novel or a special trademark, distinguishing goods andservices and guiding consumers to choose is still its basic function. However, undeniably, inaddition to the function of identification of goods and services with ordinary trademarks,well-known trademarks have greater economic value and the value of Humanities and Social, andwell-known trademark infringements are often able to bring huge profits to the infringers, or, bringhuge losses to the well-known trademark owners, therefore, identification of well-knowntrademark infringement has common as well as unique characters compared with ordinarytrademarks.In China, the law started to give special protection for well-known trademarks clearly sincethe Trademark Law2001(Second Revision), during the years before that, there were already casesin relation to special protection of the well-known trademark in China’s judicial practice, whichshows that the protection of well-known trademarks in China expanded in two levels of legislativeand judicial. So far, well-known trademark protection in China is close to the standards of TRIPSand other international treaties by modifying the law complemented by numerous judicialinterpretations.But it still needs to see, that there are gaps not only in tort theory research, but alsoin legislative methods, and judicial philosophy, between the achievements and the real need fortrademark protection as well as more advanced oversea legislative practice. This article holds thatin order to eliminate these gaps we should start from defining the accurate legal status of thewell-known trademarks, by clearly identifying the standards of well-known trademarks, furtherstipulating the types of confusion infringements, and expanding to types of pre-sale and after-saleconfusion; and introduce the type of desalination infringement with explicit provisions. In judicialpractice, it needs to accurately grasp the trademark significance, and the scope of the public relatedand other important factors when identifying well-known trademark infringement.With regard tothe manner of writing, this article starts from the concept of well-known trademark, absorbs theachievements on well-known trademark infringement theory researches in academic circles,analyzes international and domestic legislative situations, as well as peels layers of the key issues relating to the identification of infringement in judicial practice discarding the false and retainingthe true, with the purpose of bringing out the suggestions in relation to the identification ofwell-known trademark infringement for the perfection of legislation and judicial practice naturallyand properly.