Legal Protection Of Unregistered Well-known Trademark

The year 2014 is of great importance for Trademark Law of the People's Republic of China, after five years our country has emended the trademark laws, carried out the new laws. Comparing with the old laws, the new laws pay more attention to the well-known trademark which is not registered. And the new laws determine the attitude and tone to protect this kind of trademarks. But the protect system still exist deficiencies. Through providing problems and advice about current laws, the aim of the thesis is to attach more and more importance by the society, let more legal scholars give their suggestions for perfecting the law.The contents of the thesis fall into five chapters. Chapter one is introduction, including well-known trademark's meaning, unregistered well-known trademark's connotation, affirmative way, affirmative standard and the necessity or significance. Protecting the unregistered well-known trademark fits perfectly with what proper competition's need. It could protect the legitimate rights of unregistered well-known trademark holders, consumer's legal rights and interests against infringement. Finally, it introduces the research status, research methods and innovation of this paper.Chapter two analyzes the four infringement acts in practice. Respectively malicious registering action, the act of imitation, trademark dilution and become common name. Though reduced to a common name is not caused by the infringement of others in most cases, it is often the most overlooked part. To cause the attention of the society, it also covers in this chapter.Chapter three is about the philosophy base of the reasonability in unregistered well-known trademark protection, mainly according as inspirits theory of Locke, the natural law, legal philosophy, the goodwill and trademark dilution theory. The rationality of the view in this paper is also discussed from unregistered well-known trademark protection practice.Chapter four discusses the current situation of legal protection for unregistered well-known trademark. Points out the inadequacy that China's Legal Regulation of protect unregistered well-known trademark. Chapter five gives some legal advises and improvement measures. Especially perfect legal responsibility of unjust competitive act of “where a party uses a famous trademark as registered, or unregistered, as an enterprise name and confuses the public” echoing article 58 of Trademark Law of the People's Republic of China.