Theory Of Alienation Of Well-known Trademark

Well-known trademark system establishment are gives its compared to common trademark more broad scope of protection, can effectively stop the registered trademark infringement and unfair competition.However, in the interests of the main body for the well-known trademark system has appeared the tendency of alienation, against the freedom and equality principle of the market economy.The alienation of well-known trademark refers to the famous trademark determination, use and protection in the process, due to various reasons produced their own opposite, this kind of opposite in turn as a kind of external, opposite, different has strength and exist, that well-known trademark alienation itself become a kind of honor and privilege, which are against the law protection of original meaning. Well-known trademark of alienation representation is complex and diverse forms, in the process of evolution experienced the initial stage, the forming stage and the continuous phase. Well-known trademarks dissimilation causes include meaning of commendatory and honor aura, judicial corruption and administrative approval and span class scope of protection too wide, etc. Alienation behavior deviated from the essential attribute of trademark, block the free competition, disturb the market economic order and harms the authority of law. To fundamentally curb well-known trademarks dissimilation phenomenon should be taken rename, cancel the administrative approval and the setting up of intellectual property court, the standard related subject behavior, strictly defined span class scope of protection methods, and carry on the thorough correction, and gradually improve the mechanism of balancing of interests, and to realize the legal protection system of famous trademarks intends to return.