The Research On International Protection Of The Unregistered Well-known Trademarks

Well-known trademarks are known for their good images which consumers are favored for in a certain geographical area.As the proverb saying: "The peg that stands out is pounded down,so is human being." A trademark is so well-known that the trademark infringement disputes are endless,especially in transnational infringement.Therefore,the protection system for well-known trademarks came into being.It is necessary to analyze the unregistered well-known trademark protection system on the international intellectual property rights to improve China's related system.At first,it introduces its conception and historical development in international conventions.At the same time,it points out two problems of unregistered well-known trademark system,including registered exemption and tans-category protection and in China,the problem lies in the identification standards and protection.The next is to elaborate the Paris Convention and TRIPS Agreement about the unregistered well-known trademark regulation.The analysis starts from four respects:the cause of its protection,the identification standards,the conditions of protection and the legal effect.Lastly,coming back to our China's trademark law,it points out four problems in China's unregistered well-known trademark identification standards--relevant public,geographical scope--and trans-category protection.And putting forward a series of suggestion on the related issues raised above for the Chinese perfection.