Research On Legal Protection Of Unregistered Well-known Trademarks

The identification and protection of unregistered well-known trademarks is a special way to grant unregistered trademark protection under the principle of obtaining trademark by registration.The unregistered well-known trademark protection system is linked to the "system of obtaining trademark by registration" and "system of obtaining trademark by use".It is an important part of the well-known trademark protection system and has high theoretical research value.Due to the generality and ambiguity of the current legal provisions,judicial practice has some differences on how to identify and protect unregistered well-known trademarks.At the same time,because there is a certain relationship between the unregistered well-known trademark and the "significant influence" business logo stipulated in the Law Against Competition by Inappropriate Means,how to use Article 13(2)of the Trademark Law and Different understandings and practices exist in Article 6(1)of the Law Against Competition by Inappropriate Means.This paper takes the "Xinhua Dictionary" trademark infringement case as an analysis sample,and focuses on the judicial identification standards and protection methods of unregistered well-known trademarks,as well as the application of the aforementioned two specific articles.This paper is structured into three chapters.The first chapter is to sort out the circumstances of the case.By sorting out the basic facts of the case and the results of the court's judgment,the three controversial points of the case are summarized.The second chapter analyzes the focus of the controversy in this case one by one.Firstly,it focuses on that whether the "Xinhua Dictionary" constitutes an unregistered well-known trademark,and discusses the judicial recognition standards of unregistered well-known trademarks in China's judicial practice.Secondly,it analyzes that whether the acts committed by the defendant constitute infringement;Finally,the tort liability ofthe defendant is discussed.The third part,on the basis of the foregoing analysis,puts forward some legal suggestions on the perfection of the identification and protection of unregistered well-known trademarks in China on the basis of the foregoing,hoping to provide useful reference for the legal protection of unregistered well-known trademarks in China.