China's Trademark Law On The Protection Of Unregistered Trademarks

In recent years, unregistered trademark infringement, which often occur. Many of our unregistered trademarks in the presence of the same legal protection is not reasonable. Because our current Trademark Law on the protection of unregistered trademarks have not done enough, the scope of rights is narrow, The way of relief is single. So unregistered trademarks of the rights of way is very difficult.China's Trademark Law registered trademark of the principle of voluntary, many companies choose to use because of its own factors unregistered trademarks. Unregistered trademarks of their functions with distinction, in particular,its trademarks are of great value, condensation of undifferentiated human labor, condensation of business goodwill and reputation of products. So unregistered trade marks should be the reasonable protection of our trademark law. In Locke's Labor Theory of ownership that made labor, unregistered trade mark right holders should be made because of their labor and its trademark rights. So unregistered trade marks should be the reasonable protection of our trademark.Comparison of Two Legal countries on the legal protection of unregistered trademarks. Trademark Law of China has some of the unregistered trademark protection,but there is still a wide gap between China and developed countries. So we combined with China's Trademark Law on the conservation status of unregistered trademarks, we use foreign unregistered trademark protection on the advanced experience, We improve the existing Trademark Law of China shortcomings. We know that the precondition which unregistered trademarks are protected by law, clear prior trademark rights in the China's Trademark Law, give right to use the unregistered trademark the right person to continue to use, grant people the right to use unregistered trademark application priority, and improve our trademark for unregistered trademark protection. Comprehensive protection in Trademark Law trademark protection, while giving relatively reasonable unregistered trademark protection.