The Cases Study On Standards Of Famous Trademarks In Justice Application

Since May1,2014, when the new "Trademark Law" implemented formally, the famous trademarks have got people’s attention widely again.Well-known trademark with long-term use and maintenance, carrying its good reputation and corporate image, is an important asset for long-term development of companies. Therefore, the protection of well-known trademarks plays an important role in China’s economic development and the development of intellectual property, and how to identify a well-known trademark is a top priority.Well-known trademark has not developed for a long time in our country, and the number of cases is still very limited compared with Western countries. The standard and principles of well-known trademark recognization still have much space for improvement.This article analysis the standard of well-known trademark identification, and supplemented by data evidence. This article is divided into four parts. The first section briefly describes the development process of well-known trademarks’judicial identification, as well as practical problems during the process. The second part study on the application of terms cited in identification of well-known trademarks through a detailed analysis of three typical cases. In this part, I analysis in detail the situation that according to one of the terms cited or some terms to identify well-known trademark and to identify unregistered well-known trademark, finally, prove my point through data analysis of cases in Guangdong Province. The third part analysis the justice application of fallback provision which is used to identify well-known trademark from five aspects, and then prove my point with the data analysis of cases in Guangdong Province. The fourth part is about the relevant case law of the foreign country and guiding cases in our country, and put forward my proposal on improving our country’s well-known trademarks standard.