The Identification And Protection Of Well-known Trademarkthe Identification And Protection Of Well-known Trademark

As one of the top ten cases of intellectual property rights in Beijing courts in 2017,XinHuaZiDian has certain enlightenment on the identification and protection of well-known trademarks.The thesis is divided into four chapters,including the brief introduction to the case,the analysis of the nature of the XinHuaZiDian,and rethinking of the case.The first chapter,the plaintiff believed that the XinHuaZiDian had the function of identifying the source of the goods,which was significant and belonged to the unregistered well-known trademark.The defendant's unauthorized use of the XinHuaZiDian violated the plaintiff's trademark rights.The final trail of the court concluded that the XINHUAZIDIAN is widely known to the relevant public.The focus of the dispute in this case is the relationship between well-known trademarks and generic name.The second chapter is an analysis of the nature of XinHuaZiDian.There are two aspects.In the first aspect,the XinHuaZiDianis significant.Significance is the ability to identify the source of goods or services,which is inherently significant and acquired significant.The ZiDian meaning dictionary,is a generic name when be used in conjunction with XINHUA.For historical reasons,the public mistakenly believes that the XinHuaZiDian belongs to the generic name.After the use of the Commercial Press(CP),a second meaning was derived,namely the XinHua Dictionary published by the CP.In the second aspect also responds to the defense of the Sinolingua and argue that the XINHUAZIDIAN is not a common name.The third chapter identifies the XINHUAZIDIAN as a well-known trademark.The certification standards are related-public standards,geographical scope standards,and visibility standards.The XinHuaZiDian is considered by many consumers to be in contact with the CP and is sold at home and abroad.The publicity of the CP has made it a high profile.Therefore,the XinHuaZiDian is a well-known trademark.The fourth chapter is to rethink this case.The process of changing a well-known trademark into a generic name is a trademark degradation.This parts introduces the well-known trademark degradation standards,including unification standards,dualization standards,and diversification standards.Prove that the XinHuaZiDian is not a generic name.This parts discusses the hazards of well-known trademark degradation and recommendations for the protection of well-known trademarks.