The Legal Protection Of Unregistered Well-Known Trademarks

Trademark Law of the People’s Republic of China revised in2001and Identification andprotection of well-known trademarks provisions launched in2003have regulated unregisteredwell-known trademark into the well-known trademark protection system. However， we stilltake different attitudes towards unregistered well-known trademark and registered one inaccordance with the registered principle， which does not match the purpose of well-knowntrademark protection. In this paper， as a starting point to explore the "ronghua moon cakes"trademark case， on the basis of the identification and analysis of the importance of theunregistered well-known trademark， this paper tends to discuss why the current system isunreasonable from the perspective of difference between unregistered well-known trademarkand registered one. Additionally， this paper will offer several suggestions to improve thelegal protection of unregistered well-known trademark by drawing lessons from theinternational legislation and combining them with China’s national conditionsThis paper， introduction included， has six parts， and in all， there are2.7millionwords:The first part， case introduction. This part introduces the main guide. Trademarkinfringement， raises the existing problems this thesis case.The second part， analyses the importance of the unregistered well-known trademark isprotected by law， unregistered well-known trademarks registered trademark and thedifference in legal protection.The third part， analyzes the unregistered well-known trademark judicial cognizancefactors included in the relevant public well-known， the duration of use， the duration of anypublicity， to be protected as a well-known trademark records and other five factors.Secondly， a detailed analysis of the effect of the unregistered well-known trademark judicialcognizance of the subject and the. Finally discussed the case--namely "ronghua" case whynot found "glory" as the reason for the unregistered well-known trademark.The fourth part， proposed consummates our country the unregistered well-knowntrademark legal protection four suggestions.