Research On The Legal Protection Of Unregistered Well-known Trademark In China

The well-known trademark is an important part of theoperators’ brand strategy, and owing a well-known trademark meansthat you will have a huge intangible assets. The unregisteredwell-known trademark is a part of the well-known trademark, it has ahigher visibility and a good commercial reputation. It is the operators’important level to obtain the advantage and seize the initiative in theintense market competition.The thirteenth paragraph first stipulates in the “trademark law”revised in2001explicitly provides the legal protection for theunregistered well-known trademark. The new “trademark law” passed inAugest-30th2013makes further provisions for the unregisteredwell-known trademark, it is a useful supplement for the registrationsystem to acquire the trademark rights and is to fulfill the obligations of the international treaty for China. But because the “trademark law” inChina adopts the registration principle for acquiring the trademark rights,its subject of protection is the registered trademark. In thecurrent trademark law system, it is insufficient to protect the unregisteredwell-known trademark. It is still facing the high risk of infringement forthe unregistered well-known trademarks.On the issue of how to improve the legal protection of theunregistered well-known trademark, the author think that it should makefull use of the right relief function in the existing legal system.It’s better to safeguard the legitimate rights and interests of the partiesby issuing judicial interpretation or revising relevant laws and regulationsonly in the case that the current legal system cannot provide fullrights relief that the owners of unregistered well-known trademark needs.