Research On Legal Issues Related To The Well-known Trademarks

As a special kind of well-known trademark trademark, associated trademark law and the Supreme Court’s judicial interpretation has given many well-known trademark special protection, whether it is from the well-known trademark not registered protection for well-known trademarks, or cross category protection reflects the special status and the important role of the well-known trademark in the trademark system.This paper will start from three aspects to introduce the regulations about the protection of well-known trademark related laws and judicial interpretation as well as the relief way, through "the cited trademark Inner Mongolia Yi Li Industrial Group Limited by Share Ltd(Erie text and graphics trademark infringement case)", "Shanxi province Tai Bai distillery ’Tai Bai’ trademark infringement case" and "Inner Mongolia Meng Niu Dairy(Group) Limited by Share Ltd ’yogurt’ trademark infringement case" comes from the actual situation of introducing the related dispute focus, then according to the related dispute focus, to resolve the legal issues from the related legal theory of trademark, then analysis and Discussion on the judicial organ for handling results to the case, finally to be solved some existing system itself exists. Problems are discussed and put forward the reasonable proposal. These three cases are introduced. The following three issues related to, respectively, the conflict problem of administrative protection and judicial protection of the well-known trademark that exists now, and should provide what way cross category protection to solve the conflict between the coordinated, well-known trademarks and how to apply and the degree of protection of unregistered well-known trademarks and protection program.Hope that through accurate analysis of actual case, can realize to continuously improve the existing trademark theory system from the actual problems, then according to the trademark to form a theoretical system to guide the treatment of actual case, the case handling not only legalized, more achieve scientific, reasonable, make the law can be as much as possible to play the best social effect, all well-known trademark infringement problem is solved perfectly. The order of the market norms, economic development to obtain the safeguard, the majority of people ultimately benefit.