Investigations On Infringement Problem Of Unregistered Trademarks

In August of 2013,China's trademark law has carried on the third amendment,in which to further intensify the protection of unregistered trademark,especially the unregistered well-known trademarks.Our country has experienced only protect the registered trademark of the trademark law to protect unregistered trademarks of the limits of now,from the "weak protection" gradually transition to a "strong protection",more relevant and in compliance with international intellectual property rules of the game.New after the implementation of the trademark law,however,because some vague and general provisions,in practice the operation decision problem for unregistered trademark infringement dispute is bigger,also have no unified standard.Further,because of China's trademark law "well-known trademark","prior use" and "impact" content such as not unified standards,leads to different scholars understand the differences in judicial practice and decision.At the same time,for the protection of unregistered ordinary trademark and infringing decision problem is also very more novel and academic concerns,the new trademark law in our country have less involved,and the judge discretion and a lot of trade with the judicial practice,scholars are also a handful of innovative research.I in separate discuss unregistered well-known trademark,the first to use has a certain influence of unregistered trademarks and unregistered trademarks,on the basis of reference and draw lessons from foreign unregistered trademark infringement determination experience,combined with China's specific national conditions and social economic development,the difference analysis of the infringement of decision problem,aiming at specific problems in practice and a lot of case judgment,to targeted and more contentious issues in-depth study and comparative analysis,and try to sketch and work out specific tort mode and standard,refine the existing law in our country,make it more operational.Content is divided into four parts: the first part,connotation definition.Unregistered trademarks including three types,unregistered well-known trademark,not registered prior to use has certain influence trademark,unregistered trademark.International treaty for the well-known trademark,prior to use has a certain influence of the trademark is not clearly defined,the new trademark law and other relevant laws for the definition of well-known trademark is not clear,has a certain influence on first use of thetrademark is not defined,thus begins,the author first to involve three concepts defined,for the subsequent research.The second part,puts forward the problems.Unregistered trademark infringement determination in our country reality investigation and careful analysis.Through the case of China's judicial documents network analysis and data integration,clearly showing the new trademark law in our country after implementation of unregistered trademark infringement court found status quo of judicial judgment,the court met in intuitive reveals the referee thorny issues and infringement determination.The third part,the outside.Through to the outside unregistered trademark protection mode and comparative analysis research of infringement determination,look to whether have worthy of reference and reference for China's national conditions of unregistered trademark infringement determination.The fourth part,the standard clear.On the major issues of unregistered trademarks,in-depth analysis,attempts to constructive outline the judgement standard of unregistered trademark infringement,specific implementation measures and improving method,in order to guide the judicial practice,the unification and facilitate the court's decision.