| Well-known trademark protection is a special protection for trademarks in my country,and well-known trademarks can seek registration exemption and cross-category prohibition.The basic theory of my country’s well-known trademark cross-category protection is to confuse the theory and dilute theory.Looking at the legislative and judicial practice of well-known trademarks cross-category protection,the following two problems are mainly raised: First,in the legislation,the lack of the provisions of the trademark desalination situation in my country’s "Trademark Law",only introducing trademarks through judicial interpretation.Dilute protection and protection,confuse the prestigious trademark with the dilute situation,and lack the specified rules and exceptions to fade the trademark.Second,this article was selected for analysis related to the cross-category protection rules of well-known trademarks.By analysis,we can see that my country has produced more cases of cross-category confusion and cross-category.The connotation of the two protection methods,the word "contact" may be regarded as both confusion or may be degraded,and most of the courts fail to clear the border of the cross-category protection range of famous trademarks.The method of identifying the scope of the well-known trademark protection scope in China’s judicial practice is mainly comprehensive consideration judgment and three-level cognitive judgment methods.The comprehensive consideration method is to comprehensively consider the judgment of various factors of trademarks in accordance with the law.It is more vague,and to a large extent depends on the court’s free tailoring.In some courts,some courts believe that the commodity or service may cause misunderstanding that it is related.The popularity manifestations can be protected by knowing that it is well-known among the relevant public;the three-level cognitive method is the crystallization of the wisdom of judicial practice.It has an important impact on determining whether the trademark is diluted.The distinction,but the three-level cognitive method lacks the restrictions on the determination of dilution,and the damage that the well-known trademark may suffer is not mentioned.The method of judging,otherwise,as long as the trademark is well-known,the model of cross-category protection will seriously endanger the interests of the public.In response to the problems of the scope of the scope of protection of the well-known trademarks in China,the following improvement suggestions are made: In the first step of judicial practice,the cross-category confusion should be distinguished from the direction of the cross-category.Error cognition;the second step is to divert judgment on the first step.If you need to judge cross-class confusion,you should require a certain degree of correlation with the product or service.The significant performance of the trademark is enough The function of the source,the relevant public corresponding to the two trademarks should have a certain degree of overlap;the second step to determine whether it constitutes a trademark dilute,it should weaken the requirements for the correlation between goods or service,and require a strong distinction of trademarks to have a strong distinction between the trademarks.Significant,in order to obtain significant trademarks to surpass public terms to obtain protection,it should be based on the premise of higher visibility.Cross-class fading trademark popularity should cover the relevant public who want to cross-category or services.In terms of legislation,you can add supplementation clauses in the Trademark Law,refer to the United States to improve the standards identified by the relevant public in the United States,and increase the exception restrictions of trademark dilution.The well-known trademark is equivalent to the scope of protection. |
