Study On The Chinese Legal Problems Of Judicial Recognition Of Well-known Mark

China officially became one of the Members of "Paris Convention" in1985,"ParisConvention" requires Members to protect the well-known mark, and China didn’t establish thesystem of judicial reorganization of well-known mark until2001. Judicial determination ofWell-known Mark is the determination which is in the mark civil, administrative caseproceedings, when the parties’ mark is infringed by others and requires the protection of theirwell-known mark, the judiciary needs to determine the mark is well-known or not if necessary.The subject of the well-known mark judicial recognition is the judicial organs, the object ofthe well-known mark is the fact that the mark is well-known or not, the target of it is therequest of the parties to the protection of well-known mark. But in the past fifteen years in thejudicial practice, the judicial recognition of well-known mark was abused and false actionwas made. The judicial recognition of the well-known mark has been far from the originalintention of legislation seriously–especially legal protection of the well-known mark, and thejudicial authority has been challenged. Although the relevant provisions of the new "Trademark Law " in2013have the effects to curb the alienation of judicial determination ofwell-known mark, but it can not solve the existing problems in the aspects of system andoperation mechanism of judicial determination of the well-known mark. At the system level,The provisions of the new " Trademark Law " is difficult to eradicate alienation of judicialconfirmation; The new " Trademark Law" standards and considerations of a fuzzy rules makejudicial determination of well-known mark and administrative legal relationship unclearly;Judicial recognition of the well-known mark objection system is not perfect. In the aspect ofoperating mechanism, determination of the well-known mark has the conflict in practice andadministrative judicial determination; there is also having the conflicts among the people’scourt in the determination of well-known mark. Through analysis, I think, to solve theproblems of the system and operation mechanism of the judicial recognition, firstly, it is tomodify the relevant provisions of the new " Trademark Law ", refine the core standards of thewell-known mark recognition, and improve relevant provisions about prohibiting advertising;secondly, it is to formulate a unified identification of the well-known mark recognition, refine the well-known mark judicial recognition factors, and establish a well-known mark interestedpersons objection system; thirdly, it is to establish a coordinating mechanism among thecourts,and the industrial and commercial administrative departments; fourthly, it is to improvethe well-known mark judicial recognition practice trial mechanism.