Analysis On Influence Factors Of Cross Protection Scope Of Well Known Trademark

All the countries in the world concern and attention of the international environment of well-known trademark protection,legislation and relevant judicial interpretations have also established a well-known trademark cross protection system.In defining the scope of protection of well-known trademark cross usually consider distinctiveness, the related public goods or service scope, correlation factors.But in the current judicial practice, because of the existing influence factors in the actual judgment, there is not a very specific standard to define the significance,related to the public, goods or services category correlation.Various factors can only be judged in specific cases through the judicial personnel to identify, inevitable, due to the different understanding of factors that influence the existing, thus in some cases,trademark office, the Trademark Review and Adjudication Board, the court ruling appear great differences, which is detrimental to the legal authority, is not conducive to the well-known trademark related rights and public interest protection.This article starts from the existing well-known trademark cross protection factors, hand to significantly, the relevant public, goods or services between the degree of relevance to become cross category protection factors of necessity to carry on the analysis, on the other hand also pointed out that existing cross protection factors in the judicial practice may appear problem,Significant strength and the lack of a clear line of distinction and evaluation of significant need judge use discretion to determine; public related to the scope of the definition, the specific case when the plaintiff related to the public, and the defendant’s relevant public exists containing or containing, in the end to the public as a benchmark to judge; commodity association degree of judgment with a certain degree of subjectivity.Therefore, when the existing influencing factors in the process of cross protection of well-known trademarks in the judicial practice, if it is difficult to reasonably define the scope of cross class protection, you can start from the trademark owner’s trademark operation.The trademark operation is including trademark design, registration, publicity, use,maintenance and management of the content of a brand operation strategy or operation strategy to brand culture as the basis for supplementary application.This article takes a brand-new angle of view, from the trademark owner’s trademark operation, to the cross class protection various influence factor to carry on the supplementary application.Hope that through starting with of well-knowntrademark cross category protection factors, focusing on the analysis of significance,the relevant public, relevant goods or service factor, finally comes to the conclusion that the influence factors from the point of view of trademark rights of trademark operation can be too strong subjectivity in, and has carried on the key argument of this conclusion for reasonable definition of the well-known trademark cross protection range and offer advice.