Studies On Protection Of Foreign Trademrak

With the improvement of people’s consumption level,more and more well-known international commodity and trademark are known to everyone. Foreign companies sweeping their products, trademarks and culture into China, in order to create their trademark as a “gold card”. And a Chinese translation trademark which not only express the features and characteristics of products, but also in line with Chinese language and culture is necessary. However, if the foreign trademark or the Chinese translation trademark unregistered in China trademark office, disputes arise.We also should pay more attention to some special issues,such as conflicts and coordination between registered common trademark and unregistered well-know trademark; whether passive use of Chines translation trademark can be a kind of use,and so on.Answers to these special issues, can help improving our trademark system, like cross retrieval system between trademark and company name, domain name, and improving our trademark coexistence system. Thus, our intellectual property protection environment will be more open and fair.This paper focus on some typical and special issues of non-registered foreign trademark. Chapter one introduces the concept and feature of non-registered foreign trademark and Chinese translation trademark, as well as how to judge identical or similar trademark of non-registered foreign trademark; Chapter two describes several cases of non-registered foreign trademark utilized in China; Chapter three summarized the protection paths and legal basis of non-registered foreign trademark in the practice; Chapter four analyzes several special issues of the protection of non-registered foreign trademark; Chapter five puts forward some sound ideas on improvement of China’s trademark system and Chinese enterprises as well.