Study On The Legal Protection For The Unregistered TradeMarks

The thesis that the article studied now is the law protection of the unregistered trademarks. Only the registered trademarks are legally protected at present, and only the registered trademarks could get trademark right according to current legislation of trademarks. The protection of unregistered trademarks are very limited now, but the unregistered trademarks are the same as registered trademarks, they are trademarks, have function of distinguish commodity and serve,their existance have rationality and certainty. So we should not only protect the unregistered trademark,but also give them suffient protects. The purpose of the thesis is appeal for people's consciousness about protection of unregistered trademark, put forward some available proposals.The thesis include five chapters:chapter one summarize the fundamental problem of the unregistered trademark,the second chapter analyzing the tort of the unregistered trademark, the third chapter is comparation and inspection of unregistered trademark. The chapter four introduce current protection situation of unregistered trademark, the last chapter is about some legislation advice of the unregistered trademark protection in china.The thesis conclusion:we should not only protect the unregistered trademarks but also give them suffient protection. Especially, the unregistered well-known trademark, The unregistered trademark having some effects and common unregistered trademark will get different protections.These protections is really not as power as the registered trademark,but we should do real justice.The paper innovative idea is Systematization's protect pattern and all-direction protect system, different protect methods according to the kind of unregistered trademarks .The idea contain four angles ,those are legislation advice , unregistered trademark oneself method, supporting office procedure and the unregistered trademark proprietor self-protection.