Studies About Well-known Trademark Recognized Standard In China

This paper argues that foreign experience should be based on establishment of a dynamic and flexible well-known trademark recognition standard to meet the passive protection principles of Trademark Law.On public standard,this paper presents to adopt the dynamic relevant public standard,rather than mere unilateral relevant public stander. On territory standard,this paper presents that the scope of the external area stipulated by the well-known trademark should be based on the general principle of China as a regional standard,and the result of the well-known trademark recognition in China should be regarded as the reference of China’s well-known.In the context of the territorial scope standards, the Supreme People’s Court should follow the example of the establishment of six Circuit Court China will be divided into six regions,according to the nature of the case to determine the final area.On popularity standard,this paper presents should be clearly divided popularity that should be divided to certain popularity ,high popularity and great popularity.And then integrate the geographical scope of the standard and the trademark involved in the market share of the final identification of the trademark is well known.In addition ,this paper on the people’s court between the well-known trademark recognized standards put forward a few suggestions:first,to play the role of the Supreme People’s Court guidance case, so that local court at all levels of the trial of well-known trademark judge case study,refer to the Supreme People’s Court issued On the well-known trademarks that the guidance of the case, in order to reunif the well-known trademark certification standards; Second, increase the well-known trademark judicial training, due to differences between China and the east and west, in general, the eastern region judges Jiang Yan rich case, and the central and western regions In view of this situation, the Supreme People’s Court should increase the training of well-known trademarks that judicial personnel, regular exchange of experience and cooperation, in addition to the exchange of well-known trademarks identified theoretical knowledge, but also should be combined with the specific well-known trademark case Analysis and summary of the relevant personnel to carry out targeted training; Third, the development of judicial interpretation, and further refine the well-known trademark recognition standards. The Supreme People ’s Court has made great achievements in establishing the criteria for the recognition of well-known trademarks by judging the experience of the well - known trademarks that have been concluded by the local people’ court.