The Perfection Of Our Country Well-known Trademark Legal Protection

Trademark can be said to be the epithet of the commodity. It is the "surface" of an enterprise. Trademark also plays an important role in communication between the consumers and enterprises. Each trademark corresponds to a commodity or service, however a commodity or service was offered by different businesses enterprises, so we have to distinguish sources of goods or services, then the trademark came into being as required. The trademark is closely related to our daily life, which have a great influence on the choice of basic necessities of our life, We chose goods or services from a wide variety of trademarks. A well-known trademark is the result of enterprises’painstaking efforts, which gathered input and costs of Trademark holders, it is a clear recognition, reflects the company’s reputation. Well-known trademark as an intangible asset of an enterprise, the trademark owner is painstakingly cultivated over a long period for it, Cohesion of their hard work and sweat. Firstly, this paper expounds the two major theoretical basis for the establishment of well-known trademark legal protection system--- confusion theory and trademark dilution theory. These two theories laid the foundation for the framework of well-known trademark legal protection. Then, through the introduction of major international treaties and national well-known trademark protection provisions, As well as the status quo of China’s legal protection of well-known trademark. Results of the following shortcomings in the legal protection of well-known trademarks in China:the concept of Well-known trademark is fuzzy; The lack of concept about the famous trademark, Transfer permissions, trademark defense system, anti-dilution protection in "trademark law"; problem of judicial determination of well-known problems, Prohibition of propaganda have little impact on Specification of well-known trademarks. And learn the advanced theory and practice of the extraterritorial protection of well-known trademark, proposing conceptions of improve the system: make a clear definition of well-known trademark; Cancel famous trademarks identified; Permit the transfer permission; Establish defensive trademark system; Establish a system which specifically to deal with the intellectual property; Increase anti-dilution protection; Then improve judicial cognizance and prohibits promotion terms.