Study On Improving The Well-known Trademarks System Under The Background Of New Revised Trademark Law

Research on the relevant problems of the well-known trademark is not a new problem,but often new especially when we’re in the third revision of the Trademark Law. Limited to the development of national conditions and practice, this revision is flawless, although it has made great efforts on improving the recognition and protection system of well-known trademarks. There still has some space to perfect in the identification standards, procedures and effectiveness, protection scope, intensity and right limitation. In order to maintain a good market competition order, promote the healthy development of the economy, that how to improve the relevant system to explore suitable legislation road for China has become an important research topic in the field of intellectual property law and economic law which is of great theoretical and practical significance.Under the revision background, this paper tried to find theoretical support and protection for the special protection of well-known trademarks through analyzing the theory of confusion, association and dilution theory. It used the comparative, empirical research and case study methods, combined with the relevant laws and regulations,the department rules and judicial interpretation provisions, and had a legal thinking on improving our trademark system.. It gave some suggestions on the system of well-known trademark, such as clear identifiable factors, standards, procedures, etc. Hoping to introduce anti-dilution theory protection mechanisms, increase defensive registration system, strengthen the protection on unregistered well-known trademarks, improve the extraterritorial protection system, etc. On the reasonable restrictions aspects of the rights of the well-known trademarks, prohibits the "well-known trademark" or the slogan used in the packaging and advertising of goods, sets reasonable restrictions on the assignment or licensing rights to well-known trademarks. Through research and analysis, provides a reference for our legislation and maintains the integrity of the system of well-known trademarks and rationality.