The System Of Famous Trademark

The famous trademark system is one of trademark protection systems inchina, most of provinces and cities formulated local laws or governmentregulations to set up famous trademark identification and protection mechanism.However, the famous trademark is not a strict legal concept; it was created byprovincial and municipal-level administrative bodies in order to give protectionin the level between well-known trademark and normal trademarks to some upto the standard trademarks in their administrative areas.“Outline of the NationalIntellectual Property Strategy” and the third amend of “Trademark law”are proposed to protect famous trademarks.The famous trademark needs to accord with some conditions, and should beadvanced to the administration for industry and commerce by the trademarkowner initiatively. However, in the process of recognition of the famoustrademark, there are some problems. For example, the famoustrademark found no legal basis, the nature of the famous trademark is not clear, the purpose of the recognition of the famous trademark is biased, and therecognition of the famous trademark is regional protectionism seriously, etc.The protection of famous trademarks actives by labeling right andrestraining right, and these rights are expanded in the conservation practices.Meanwhile famous trademark system protects the up to the standard trademarks,it can not be avoided its theoretical defects and practice problems. In theory, weare using the distinctiveness and confusion theory but not the dilution theory asthe foundation of trademark protection. The Famous trademarksystem can not find reasonable protection foundations from the theory. Inpractice, the famous trademark system hinders the development of socialistmarket economy in some extent, impacts the well-known trademark system andmisleads the customer.Such problems of famous trademark system can not prevent itsdevelopment. The government, business and customer has different demands,and these demands led to the famous trademark system has deviated from theoriginal intention of the protection of trademark. The famous trademark system in development, while also goes astray.The famous trademark system should be abolished, and set a singlewell-known trademark system to protect the trademark. The article about the“famous trademark” should be deleted in the third amend of “Trademark Law”,and strengthen the principle of “case identify, case effective” of well-knowntrademark. For the existing famous trademark, it should be prohibited for use asadvertising, but could as a reference for "the other factors known trademark" inthe recognition of well-known trademark.