Study On The Well-known Trademark Recognition And Legal Protection

As the well-known trademarks play an increasingly important role in our society, economy and daily life, the well-known trademark recognition and legal protection also attract more and more public attention. According to foreign study, most scholars from western countries, mainly represented by the U.S, think that the trademark dilution theory should be applied the well-known trademark protection. There are now administrative and judicial ways of well-known trademark recognition in China. Administrative recognition refers to the act that the trademark registration authority, based on facts, identifies whether the trademark is well-known at the request of the parties while argument happens in the process of trademark recognition, use, and appraisal. Judicial recognition is the judicial act that the court, at the request of the parties and based on the fact, judge whether the trademark is well-known while judging specific case. The well-known trademark protection is an uncommon protection which differs from the one for common trademark protection in extent and grade. The well-known trademark recognition is the general way and precondition of the well-known trademark protection, while the protection is the purpose and result. The well-known trademark protection consists of recognition and uncommon protection.This thesis is divided into three parts, including foreword, main body and conclusion. And I plan to divide the main body into four chapters. The whole content and thinking are as follow:In foreword, I will talk about the importance and significance of the research of well-known trademark protection, thus to make clear the reason and creativity of my writing. In Chapter Ⅱ, I will have a general comment on trademark. First I will introduce the concept of well-known trademark and the development of well-known trademark recognition, and analyze the differences of administrative recognition and judicial recognition, emphasizing on the attentions should be paid in the process of judicial recognition. In Chapter III, I talk about the current situation and development tendency of international well-known trademark protection, including the background and the development of theory, as well as the content and stages of well-known trademark recognition and protection in China. In Chapter IV, I emphasize on the well-known trademark protection system in China, introducing the start and development of well-known trademark protection theory, analyzing the current situation, finding out the problems and ways to solve them, thus to fill the gap of well-known trademark protection system in our country. In chapter V, in reference to international experience and the current situation of our country, I’d put forward that the key to well-known trademark protection is the improvement of well-known trademark recognition system and the formation of protection system and propose my suggestion. In conclusion, I’d sum up the research results and abstract the main idea.