The Protection Of An Unregistered Trademark Under The Integrity Perspective

Trademark,as a business logo,representing the trademark of all labor and wisdom,condenses the trademark all over the years,the good faith management and form of goodwill,in the era of commodity economy,should be protected.The history of trademark law is not long,and the trademark registration system is only a product of the past few hundred years.With the development of the trademark registration system,the unregistered trademark has entered the field of jurists' vision.From the perspective of honesty and credit,respect for the fruits and commercial status of others in business activities should not be protected by the registration of trademarks.From the perspective of the historical evolution of China's trademark law,our country had the protection of unregistered trademark line is relatively perfect,but in the planned economy over a period of time,only registered trademark can be protected.Now,after three times,China's trademark law and the anti-unfair competition law "for registered trademark provides a more comprehensive protection,but to the protection of unregistered trademark,also seem to be some shortcomings.Because of the above problems,the author thinks that through to the discussion of unregistered trademarks,prompting lawmakers unregistered trademark protection to the attention of a legal person and other scholars think,is a meaningful thing.Therefore,this article will start from the principle of good faith,the analysis of current protection in our country,compare the Anglo-American law system and continental law system and international treaty protection of unregistered trademarks,and Suggestions are proposed accordingly.The text is divided into four parts.Chapter one introduces the principle of honesty and credit and its application in civil and commercial law and trademark law.Chapter two reviews the history,necessity and theoretical basis of unregistered trademark protection;The third chapter compares the different protection positions and protection modes of unregistered trademarks in international conventions and different legal systems.The last chapter expounds the author's understanding and Suggestions on the current situation of unregistered trademark protection in China.