Study On Scope Of Cross-classification Protection Over Well-known Trademark

Since the establishment of well-known trademark regulatory system, the judicialpractice of well-known trademark protection in our country has been wandering betweenrestriction and enhancement. From one perspective, we should enhance the protectionover well-known trademark to protect the high reputation and economic value itrepresents; from the other perspective, we should not blindly overprotect well-knowntrademark to avoid well-known trademark dissimilation situation. To grasp the yardstickof special protection over well-known trademark, so as to make the most of the advantageof the value and utility of well-known trademark, and to apply with the economic leveland market environment of our country, it is necessary to explore and clarify the scope ofcross-class protection over well-known trademark.Chapter I introduce the legislation history and international development ofcross-class protection over well-known trademark through carding relevant importantinternational treaties, also analyze and compare with relevant regulations and judicialpractice in developing and typical foreign countries and union area (e.g., the UnitedStates and European Union).Chapter II set forth legislation history of cross-class protection over well-knowntrademark in our country and implementation status in judicial proceedings and practices.Chapter III analyze the judicial practice under the current valid PRC trademark law,explore and clarify the concrete scope of cross-class protection over well-knowntrademark in our country, standards and considerations that the Court hears and decideswhether a well-known trademark should enjoy cross-class protection over well-knowntrademark. I am in the view that, cross-class protection is not equal to all-class protection.To determine the scope of cross-class protection over a well-known trademark, we shouldtake into consideration by synthesis various factors such as the fame, distinctiveness, relevance, public interest and etc. We should also analyze case by case, use variousfactors with flexibility, so as to comprehend the circumscription of cross-class protectionover well-known trademark in more accurate, legitimate and equitable way.