An Empirical Study On The Judicial Recognition System For Unregistered Well-known Trademarks

In the current era when global economic exchanges are increasingly frequent and the value of intangible assets is gradually being valued,unregistered well-known trademarks are extremely important business resources for enterprises.Once they encounter squatting or fraud,they will cause huge losses to the enterprise.Although most of our enterprises are increasingly aware of the importance of trademark registration and actively carry out trademark registration,due to the complexity and length of the process from the application for registration to the approval of trademark registration,and the existence of different trademark rights acquisition systems between countries,malicious grab Note or application of unregistered well-known trademarks still exists today.Judging from the relevant legal provisions of China's current laws on unregistered well-known trademarks,in order to protect unregistered well-known trademarks effectively,it is necessary to first determine whether the trademark is well-known.Through analysis of typical cases in recent years,the author believes that in the current judicial practice in China,the following problems still exist in the judicial determination of unregistered well-known trademarks: the standards for determining "cases involving the recognition of well-known trademarks" are different,and in specific cases The various courts have different questions about whether it is necessary to determine the standards of unregistered well-known trademarks and the methods of determining responsibility for infringing the rights of unregistered well-known trademarks.In view of the above,the author believes that the standards for civil disputes involving well-known trademarks and the necessary standards of well-known recognition in specific cases should be clearly defined,and clarify the burden of responsibility for infringing the rights and interests of unregistered well-known trademarks as well,so as to improve the judicial recognition system of unregistered well-known trademarks in China and escort for the better implementation of China's trademark strategy.