| Outstanding well-known trademarks are operators'fruits of effort and wisdom. They are not only of great importance in promoting the brands, but also essential in enhancing the core competitiveness of entrepreneurs. Besides, they perform the functions in consumers'choosing and buying certain commodity. Well-known trademarks, symbolizing quality and fashion, are combination of brand awareness and image. They are subject to special protection beyond category in China. Recognition of well-known trademarks is the premise of protection. Recognizing correctly the well-known trademarks plays a key role in the protection of brands beyond category. This thesis, taking a perspective of law, interprets the evolution, legal system and present performance of China's recognition of well-known trademarks; it also describes existing problems in administrative and judicial recognition of those brands respectively; concrete suggestion in resolving the above problems are proposed accordingly. Besides introduction and conclusion, three other parts are embodied in the body parts.Part one interprets the evolution, legal system and present performance of China's recognition of well-known trademarks. In this part, improvements of related laws and evolution of concrete recognizing rules are detailed. Also presented are the mature approaches as well as advantages and disadvantages of various ways in recognizing well-known trademarks. All those lay the foundations for assessing well-known trademarks. In the section of present implement, processes of development and corresponding results obtained in China's administrative and judicial recognition are introduced.Part two discusses existing problems of recognition of well-known trademarks in China. Respectively, existing problems in administrative recognition and in judicial recognition, as well as the conflicts between them are interpreted. Practically and theoretically, judicial recognition of well-known trademarks is a hot debate. Importance is attached to existing problems in judicial recognition. Low levels of courts of justice, lots of false litigations, and regional protectionism have brought questioning to judicial recognition of those trademarks. Disunity of Criteria for the recognition leads to longstanding grumbles over the results of judicial recognition of those trademarks. There exists serious conflict in the results and effects of both of administrative and judicial recognition, which has influenced the credibility and authority of recognition. Those conflicts between the two and their causes are analyzed.Part three, attached greatest importance, proposes some suggestions on improving recognizing systems of well-known trademarks in China. The characteristics of this part lie on presenting the sophisticated suggestions which emphasize the introduction of advanced idea and identification of standards on administrative recognition and judicial recognition at the very beginning. Then, the thesis promotes appropriate advice for judicial recognition by directing on questions put forward in the second part correspondingly. In administrative recognition, application should be submitted discriminatively with the concrete designated cycle. In addition, proper items about the recognition and protection of well-known trademarks should be added to and the system of rewarding by cash should be forbidden in the modification of the Trademark Law. As for judicial recognition, it should advance the trial level of recognized courts and rule the process of recognition severely to make sure that the principle of "effective case" be truly implemented and enforced. Last but not least, the author proposes amicable solutions to settle conflicts. The first step is to identify the final judicial review of administrative recognition and explicit the dispute resolution in time. Coordinating the recognizing model and recognizing process could better solve disputes between administrative recognition and judicial recognition. |
