The Anti Unfair Competition Law Protection Of Unregistered Trademarks

As commercial marks to identify the source of goods and services, unregistered trademark and registered trademark, which are of commercial interest, are the reflections of the commodities'evaluation and consumers'recognition on commodities. Influenced by trademark registration system, unregistered trademark protection has failed to cause enough attention. Although the newly revised "trademark law" in 2013 has expanded unregistered trademark's protection, it is still in a marginalized position. What's worse, some acts of unfair competition such as unregistered trademark counterfeiting and cybersquatting run rampant in real life which make the holders of the trademark powerlessly, limit the function of unregistered trademarks and harm the interests of unregistered trademark user, consumer interests and public interests. Therefore, seeking for an unregistered trademark right remedy is an urgent and unavoidable real problems.The anti unfair competition law has the inner necessity and suitability with the protection of unregistered trademark. As a kind of method, it can compensate for the lack of trademark law protection of unregistered trademarks "birth defect" in terms of scope of protection and compensation mechanisms and it is designed to be more reasonable and better suited to meet the increasing market-oriented needs.The successful experience of developed countries'introducing anti-unfair competition law to protect trademarks has amply demonstrated the strong vitality of the unfair competition law. Therefore, in order to better maintain the trademark owners' legitimate rights and interests, ensure its utility properly works and maintain market economy in an ordered way, introducing anti-unfair competition law protection to unregistered trade marks is necessary. However, as to how anti-unfair competition law works in trademarks'protection and its applicability in unregistered trademark practice, there has been still lack of systematic and profound interpretations. Whereas the orientation of these problems and the application of law ate of great practical significance. In addition, due to the long history of the anti unfair competition law, its lag is increasingly evident and its flaws and shortcomings block its functions'fully play. Therefore, titled as the unregistered trademarks'protection in the unfair competition law, this thesis tries to analyze its character and its application in the study of the intellectual property protection, in hope of proposing suggestions on its modifications and then giving full play to unregistered trademark's protection.