On The Legal Protection Of Well-known Trademarks

Well-known trademark is known by the relevant public in China and shall be protected by special,trademark have high visibility Strong significance that the particularity of the particularity of protection,etc.Well-known trademark recognition standards including but not limited to the relevant public known last time the scope of propaganda Protected records,its path based on identifying and judicial administrative parallel double-track mode,through will not be registered.Declared null and void It is prohibited to use such as special protection for well-known trademark system.Confuse the well-known trademark refers to damage its recognition function,make consumers produce mistakes from different angles can be classified to confuse different ban confuse system can be realized in a certain extent for special protection of well-known trademark,but there are some limitations of trademark anti-dilution refers to well-known trademark dilution of the goodwill advertising function including the weakening of soiled degradation of the trademark anti-dilution system can provide more effective protection for well-known trademark in the relevant judicial interpretations in China,introduced the trademark anti-dilution protection system,but lack the trademark anti-dilution legislation in our country,scholars of the trademark anti-dilution protection system has different view.There are four main problems in China's well-known trademark protection system: first,the infringement clause of the well-known trademark prohibition of confusion protection system is not perfect;Second,there is a lack of legislation of well-known trademark anti-dilution protection system;Third,well-known trademark infringement compensation method is not perfect;Fourth,the defensive trademark system lack In order to further perfect our country well-known trademark protection system,should take the following measures: first,improve the system of well-known trademark banned confuse protection provisions of infringement;Second,introduce well-known trademark anti-dilution protection system in legislation;Third,to improve the way of infringement compensation for well-known trademarks;Fourth,introduce defensive trademark system.