Cases Analysis On Legal Protection Of Well-know Trademarks

In the background of the rapid development of market economy,the trademark for goods and services in the deal plays an important role and function. Meanwhile,the trademark infringement phenomenon also occurred frequently,the trademark especially for the well-known trademarks protection are getting gradually strengthened.In China,the legal protection of well-known trademarks,as an important system of intellectual property system,experienced a process of constantly development and improvement.From the two cases of the registered trademark "jinhao" by the judicial recognition as a well-known trademark and realize such protection and unregistered trademark "mengniusuansuanru" by judicial cognizance is well-known trademark,the author examines the Chinese well-known trademark protection system,and based on this,talking about some of the protection system of improvement shallowly.In the first part of the article,the author briefly introduced the meaning of the well-known trademark.Well-known trademark,is widely known to the relevant public and prestigious trademark.Determination subjects include the people's court and the state administration of industry and commerce;Determination ways includes, active and passive,Determination standards are deemed to comprehensive consideration of the relevant public awareness of the trademark,the trademark of the use of the trademark,any publicity duration,degree and geographical scope,the protection records of the trademark as a well-known trademark,the trademark is well-known as the other factors.In the second part,analysing of Chine?ell-known trademark law protection system combined with cases.Before a concrete analysis,this paper introduced international treaty and China's legal system of protection of well-known trademarks in legislation.Combining the case 1,I analyzed the well-known trademark registered in China,we provided legal protection not only in the same or similar goods or services but also in different or unsimilar goods or services,Combining the case 2,analyzed the well-known trademark unregistered in China,we are only providing legal protection in the same or similar goods or services.In the third part,combining the problems from the case,the author puts forward some suggestions of the well-known trademark protection problems in China.To further the scope of the well-known trademark protection,in view of the problems of unregistrated well-known trademarks on trademark protection in China does not execute the crossing protecting,according on the essence of justice for registered trademark I put forwards unregistrated the well-known trademarks also should be carried out the acrossed protection;In the anti-dilution protection,itshould be introduced the theory of anti-dilution directly,and set up the comprehensive legal protection of well-known trademarks anti-dilution.In another well-known trademark registration for malicious revocation of the exercise,according to law by the prescribed period limit restrictions,combining the principle of the actual situation of trademark protection,the author puts forward to revoke the registration in the exercise of malicious when one of the five older time limit;After the exercise of its cancellation right by the former well-known trademarker to the registrant and claim for undeserved benefit,according to the principle of civil undeserved benefit and not involved in the trademark law of the situation,the author thinks that should put undeserved benefit system into the trademark.