The Influencial Factors Of Cross-category Protection Scope Of Well-known Trademark

Well-known trademarks,as a professional legal terminology,is widely known to people.In practice,there are many misunderstanding about well-known trademarks,which makes well-known trademarks have a serious alienation.A well-known trademark is not a type of trademark that is opposed to "ordinary trademark" or "non-well-known trademark",but is a possible special protection provided by law for all trademarks.Providing special protection for well-known trademarks is due to multiple considerations such as safeguarding the interests of trademark owners,protecting the interests of consumers and stopping unfair competition.The protection and restriction of well-known trademarks are the proper implication of establishment of the well-known trademark system.China has provided cross-category protection for registered well-known trademarks.On the scope of cross-category protection of well-known trademarks,there is so many disputes in practice including the theoretical basis of well-known trademark cross-class protection is confusion theory or dilution theory,or both them? Is there any difference in the scope of well-known trademark protection? What are the factors affect the size of the scope of well-known trademark cross-class protection?Questions should be answered by sequence.First of all,there is a serious phenomenon of alienation of well-known trademarks in our country,which requires us to return to the original intention of well-known trademarks and delineate a reasonable scope of protection for them.Secondly,taking different theories as the basis for cross-class protection of well-known trademarks has different factors that can affect the scope of cross-class protection,so it is necessary to clarify the basis for cross-class protection.Finally,the determination of the influence of cross-category protection scope requires us to probe into the confusion theory and the dilution theory more deeply,and we will determine the relevant influencing factors through the possibility of confusion or the possibility of dilution.This article is divided into five parts.The first part is mainly about the production and development of well-known trademark.The second part contents the statistic on cross-class protection cases involving well-known trademarks.The third part is the introduction and analysis about the problems of the cases of cross-category protection in judicial practice that is summarized from the statistical dataincluding the different considerations on the influencing factors of cross-class protection between different courts,the serious phenomenon of China's well-known trademark alienation,and the different perspectives of the basis of the cross-category protection between the courts.The fourth part are the discussion and illustration of the theoretical foundation of the cross-category protection.The fifth part is the determination of the influential factors of cross-class protection of well-known trademarks.There are different influencing factors for cross-class protection using the theory of confusion and dilution theory.Based on the relevant legal documents and the relevant influencing factors in the relevant judgment documents in the practice,I consider the factors affecting cross-protection from the aspects of trademark factors,commodity factors,related public factors,subjective malicious factors,and actual damage factors.The role of the parties will then determine the factors that need to be considered in the individual case that can affect the scope of cross-category protection.