Legal Research On International Protection For Trademark Of China Time-honored Brand

China Time-honored Brand is an honored title granted by the Ministry of Commerce of PRC to enterprises whose brand has a long history, products, techniques or services passed down through generations, with strong Chinese culture background and characteristics and is widely recognized by the society. China Time-honored Brand is a brand with a good reputation, However, the lag and lack of present law system results in the "tragedy of the commons" and the frequent overseas cybersquatting on trademark of China Time-honored Brand, which damaged the reputation of trademark of China Time-honored Brand and is detrimental to the revitalization and development of China Time-honored Brand. The main purpose of this research is to improve the international protection for trademark of China Time-honored Brand through the presentation of the experience of international conventions and a number of countries on the protection of trademark, as well as well-known trademark.In this paper will take the current relevant legislation on international protection of trademarks and the practical legal issues of "tragedy of the commons", frequent overseas cybersquatting on trademark of China Time-honored Brand as research base, comparative analysis as the research method to do a preliminary exploration on improving the international protection for trademark China Time-honored Brand, the significance of international protection for trademark China Time-honored Brand is not only bring direct economic benefits to enterprises but also benefit for the revitalization of Chinese national enterprises, creating our own brands, from made in China to origin in China, improving the international competitiveness of national brands, and the establishment of innovative scientific development society.This paper is divided into four parts:part one is an overview of China Time-honored Brand, which gives brief introduction to its concept and features and analyzes of the methods, requirements and procedures of granting the title of China Time-honored Brand. Second part gives the reasons for the international protection for trademark China Time-honored Brand on theories, and analyzes the necessary of the international protection for trademark China Time-honored Brand, by the practical legal issues of "tragedy of the commons" and frequent overseas cybersquatting. In the third part, legislative models of trademark, well-known trademark in international conventions, common law countries, and civil law countries are illustrated by comparative method. After the empirical analysis of the present situation of China Time-honored Brand, the comparative analysis of the interrelated legislation of foreign countries, the fourth parts presents the primary conception of improving the international protection for trademark China Time-honored Brand. First, this paper advocates improving trademark law, the pattern of gain the rights and the system of prior rights should be perfect in the trademark law and the trademarks of China Time-honored Brand should be granted special protection similar to the well-known trademark. Then, in practice, the enterprises of China Time-honored Brand should carry out the international registration of trademarks in advance.I hope this paper make some contribution to the international protection for trademark China Time-honored Brand. However, some mistakes probably exist in this paper because of the limitation of my knowledge and theory.