Studies About Well-known Trademark Recognized Standard

Well-known trademark is an important issue in trademark law, and well-known trademarks recognized standard is the guideline for determining whether a trademark is well-known.Through the research on domestic and international legislation and practice in Chinaregarding the well-known trademarksstandard,This paper intend to find which partthe standard should include and verify specific requirements of each part. This paper analyzes territorystandard, publicstandard,popularity standard, significant standards, registrationstandardand finalized the territorystandard,public standard and popularity standard should be included in the well-known trademarks recognized standard.This paper argues that foreign experience should be based on the establishment of a dynamic and flexible well-known trademark recognition standard to meet the passive protection principles of Trademark Law.Onterritory standard, this paper presents China should establish bilateral exchange mechanismson well-known trademarks with her major trading partners and developed economies. In the Internallyregion standards, territory should be divided to certain area, high area and great area.On public standard, this paper presents to adopt the dynamic relevant publicstandard, rather than mere unilateral relevant public standard.On popularity standard, this paper presentspopularity should be divided to certain popularity, high popularity and grearpopularity.Integrated territory standard, public standard and popularity standard, this paper presents, the trademark with high popularity in high area, certain popularity in great area, great popularity in certain area within the scope of the relevant public both sides should be recognized as well-known.