The Study To The Dissimilation Phenomenon Of Well-known Trademark System

Nowadays, the products and services of the companies increasingly tend to bemore competitive, to enterprises, brand effect has becomes a solid choice to occupythe market share and gain the public recognition. In recent years, the dispute of thewell-known trademark constantly, to protect widely known trademarks known by therelevant public, the law had established the well-known trademark protection system,which is a kind of passive and case protection type. But in our economic and sociallife, many enterprises put the cart before the horse, regard the well-known trademarksas business reputation, pursue the affirmation initiatively, false litigation, abuse thewell-known trademark to widely publicity, and so on, such phenomena are emerge inendlessly. Not only the enterprises and even the local governments treat the grand ofwell-known trademark as their honor and achievements, which makes the systemdeviated from the original intention of its settings. On August30,2013, theamendment of Trademark Law was reviewed and voted to pass of the12th session ofNPC Standing Committee, and made several changes to the current trademark law,and the critical changes of well-known trademarks system mean it’s no more honorarytitle for the enterprises to apply largely and the government to affirm in bulk in China,no more “official signal” for propaganda and quality assurance, it will be able toreturn to its original system intention for combating malicious registered and againstunfair competition.The paper first introduces the background and recent research situation, putsforward how the well-known trademarks dissimilation appeared and the core meaningof dissimilation, and indicates that the significance of this paper lies in providing aclearer way to the new development of well-known trademark protection and nextstep research direction under the current law field vision by evaluating and analyzingthis revised law.The basic problems of well-known trademarks dissimilation including the cause,performance and the natural meaning of protection, the study on this basic problemsputs the current well-known trademark protection situation in China and the problems raised in practice as the breakthrough point, analyzes the main causes of thedissimilation from the four aspects of the history, enterprise, government and societyas a whole cognitive environment, and summarizes the performance of dissimilationin all aspects with practical examples and data analysis. Finally, briefly analyzes thenature of the well-known trademark right, identifies its attribute in legal nature, pointsout that the dissimilation is the directly subversion of this nature, and whether thetrademark anti-dilution protection is suitable for our country’s legislation choice arealso stated.About regulation of the new law on well-known trademark dissimilation, thispaper mainly evaluates the revises of two important contents, affirms and appreciatesthe forceful regulations for prohibiting the advertising of well-known trademark,however, there are still many deficiencies of the revised regulations, including lack ofspecific operations, the definitions of some regulations are not clear and thecognizance standard of the administrative and judicial is not unified. Relying on thetrademark law to solve the main problems of the present system is still unable to meetthe need of practice. Therefore, in order to achieve the proper significance of thewell-known trademark protection, we need to solve the dissimilation problems a stepfurther from a legal supplement and improvement level based on the reference ofsome foreign countries’ development situations, including such six aspects: perfectsthe definitions of some related definitions, standard and specific terms, increases thepenalty of illegal advertisement, regulates the use of local famous trademark andwell-known trademark, unifies the relevant regulations and standards ofadministrative and judicial recognition and improves the anti-unfair competition law...