Unregistered Well-known Trademark Protection Legal Issues To Explore

In recent years, with the rapid development of economy, our country’s trademark industry also revealed a trend of rapid development, the cases of infringement are increasing year by year, especially for the unregistered well-known trademark infringement.In order to protect the lawful rights and interests of all unregistered well-known trademark, the trademark law in our country also has carried on the larger changes, increasing the protection of unregistered well-known trademark law, has given the high attention on trademark legislation.Restricted by the principle of trademark registration at the present stage in China, the law currently doesn’t give it more power, but unregistered well-known trademark, as a kind of important form of trademark, or it is necessary to get legal special treatment,Trademark law in our country at present stage is to strengthen the legislative work of unregistered well-known trademark, but there are still can be improved.This article mainly is to ask questions, analyze and solve problems of writing methods.The first chapter of this article is mainly to unregistered well-known trademarks to do a simple overview,So far, both in theory and practice on it to make an accurate qualitative, Imagining we even the most basic concept of unregistered well-known trademark all have no, talking about how to protect, the priority is to first clarify its definition, and then figure out the scope, so easy in the specific case to distinguish clearly what we need to protect.In this paper, In the second chapter is mainly through comparison between old and new trademark law of our country, and then find out the deficiencies and problems, the new revised trademark law has increased many unregistered well-known trademark protection laws, prohibit prior to use of similar registered, protecting the prior user rights, in view of the specific violations can directly by the unregistered well-known trademark all filed, etc., greatly enhanced in the protection, but there are still some deficiencies, and insufficient protection and scale, there is no clear for the tort of qualitative as well as how to specific tort responsibility, there is also a need to improve as the main body and rules, in general, the trademark legislation in strengthening the protection.The third chapter is mainly about the present situation of foreign legislation of simple introduction, through the comparative analysis of both at home and abroad, trying to find out their respective advantages, like abroad used across class disable, the right in the anti-unfair competition law, the introduction of the dilution protection, clear infringement qualitative and so on, we can draw lessons from.The fourth chapter mainly some Suggestions for the perfection of related, on the protection of the trademark law, strengthening and expanding on the scope of protection, clear qualitative as well as the specific tort liability of tort law, perfecting the standard of well-known trademark recognition, clear to the people’s court in the dominant position of well-known trademark recognition, strengthen the "trademark law" and "anti-unfair competition law" dual-track protection mechanism of combining, from these aspects, and find the perfect measures for improvement.