Protection Of Unregistered Trademarks Of Trademark Law

China’s "Trademark Law" to obtain trademark rights is mainly used byregistration system. But, a large number of unregistered trademark laws can notignore the existence of the phenomenon. Therefore, the protection of unregisteredtrademarks became a part of China’s trademark protection is relatively weak.Accordance with the provisions of the new trademark law, in addition to well-knowntrademark enjoys unregistered trademark, other protection is not given to people withunregistered trademark rights, but rather just give it some interest, with respect toprotection by trademark law obtain trademark rights, these benefits are uncertain.This will cause some unregistered trademarks not effectively protected, the trueinterests of rights holders are not properly protected. New trademark law, unfaircompetition law, civil law, etc., for the protection of unregistered trademarks are noteffectively link, there are still a hollow area, which also makes the existence ofunregistered trademark right have legitimate aspirations less effective realization.Therefore, I intend to make the protection of unregistered trademarks of a morecomprehensive analysis, especially for non-well-known trademark is not registeredto make some brief discussion, combined with the theory of foreign countries, thepractice of specific preliminary design of the system. This article is registered underan existing application system in our country, to explore why and how to broaden theTrademark Law on the protection of unregistered trademarks dimension. Of course,compared to the unregistered trademark and registered trademark, it did not apply forregistration, it is impossible and has the same range of trademark protection,otherwise the trademark registration system there would be no meaning. Unregisteredtrademarks in its essence is a trademark, only not application for registration,therefore, to explore unregistered trademark protected by trademark laws, thepremise must meet certain conditions, namely to achieve a variety of conditions forregistration. Countries are registered trademarks conditions of strict rules, under thepremise of these conditions are met before they can apply for registration to become aregistered trademark, which was fully protected by trademark law. These conditionsare mainly constitute compliance with statutory, with significant and does not violatethe prohibition. Secondly, according to the provisions of the new trademark law,trademark law in order to be protected, it must exist prior and exclusive use. That is, in line with the conditions set by trademark rights acquired prior to use and there arecircumstances, be possible to complete the protection of trademark law. Note thepremises of a registered trademark is not discussed, not only include well-knowntrademark registration did not apply, but also all other unregistered trademarks legallyexist. In summary, this paper seeks to explore a more comprehensive unregisteredtrademarks of trademark law protection framework, so that the trademark on behalf ofbusinesses in a more orderly market competition.