The Legal Protection Of Unregistered Trademarks

At the beginning of the trademark born, there is no different from registered trademarks and unregistered trademarks. With the development of the society, more and more countries implement to manage the trademark registration principle, thus appeared to have registered trademarks and unregistered trademarks. Unregistered trademarks as a form of trademark, it carries the basic characteristic of the trademark, but also condensed hard work and wisdom from the unregistered trademark owner of. From the point of principle of good faith, it should be protected by law. As implementing the registration principle in China, whether it is from the "Trademark Law" or "Anti-unfair Competition Law", which is consistent to the registered trademark on concrete protection, but for the large number of unregistered trademark protection on the market is rarely mentioned.As the legal protection of unregistered trademarks still exist many problems, in this paper, based on this research topic, on the basis of unregistered trademarks legal protection, comparing the legal protection system of Anglo-American law system and continental law system, combined with China’s national conditions, exploring the existing problems about the protection of unregistered trademark in our country, and puts forward proposals for perfecting.The text mainly is divided into five parts. The first part is about the literature review, mainly on the research background, research purpose, research significance, research status at home and abroad and writing research methods adopted by the corresponding introduced in this paper; The second part of the theme is about the theoretical foundation of the unregistered trademark protection, mainly talk about the concept of unregistered trademark, characteristics and classification of the corresponding research discussion, and through to the cause of unregistered trademark and the necessity of protection are analyzed; The third part of the subject is about the extraterritorial legislation proposal of unregistered trademark, mainly compare and analyze on the common law of the United Kingdom, the United States, and Hong Kong, the civil law of Germany, Japan and Taiwan about the legislative status of unregistered trademark, draw lessons from extraterritorial excellent protection system of unregistered trademark to strengthen our country’s relevant law; The fourth part is about the legislative proposal of unregistered trademark in China, with analyzing the legal provisions of "Trademark Law" and "Anti-unfair Competition Law" on unregistered trademark, put forward to the lack and inadequate of the legal system on the legal protection of unregistered trademark, and through a small case analysis showing, to get better description about the lack on the legal protection of unregistered trademark; The fifth part is about perfecting the related Suggestions on the legal protection of unregistered trademarks in our country, mainly is getting some Suggestions on the protection of the former mentioned, by strengthening the protection of unregistered trademarks on "Trademark law" and "Anti-unfair Competition Law", and establishing feasible measures for "The Administration of The Unregistered Trademarks", to protect unregistered trademarks.