On The Protection Of Well-known Trademarks

With the development of economic prosperity,well-known trademarks are increasingly concerned about the international community generally through legislation to strengthen the protection of well-known trademarks,China's well-known trademark protection has been in the exploration,there have been deviation,well-known trademarks were alienated as honor title.In theory,the current theory of well-known trademark protection is mainly confused theory and anti-dilution theory.So,what is the theoretical basis of China's well-known trademarks,cross-class protection is the protection of all categories,why should implement the case of identification,the principle of passive identification,the author from the well-known trademark connotation and recognition start,expounded the theory of confusion and desalination theory,This paper reviews the international and domestic protection of well-known trademarks,analyzes the theoretical basis,cross-class protection,passive identification and case identification of well-known trademark protection in China,and puts forward the personal understanding.The first part introduces the connotation,identification and protection of the well-known trademark,and draws out the definition of well-known trademarks from the judicial interpretation and administrative provisions,and then analyzes the relevant factors that should be considered in the well-known trademarks.The second part introduces the two theories of well-known trademark protection,as well as the characteristics of the two theories,and analyzes and compares the two theories.The third part reviews the development process of well-known trademark protection,introduces the international protection,reviews the protection course of well-known trademarks in China,and analyzes the protection of well-known trademarks in our current laws and regulations.The fourth part,on the current well-known trademark protection in China's thinking and analysis of the problem,mainly put forward the theoretical basis of the protection of well-known trademarks in China,whether cross-class protection for the whole class of protection and why should implement the "case identified,Principle of the problem.In the fifth part,the author puts forward his own understanding on the question of thinking,and puts forward that the theory of anti-dilution has been introduced in the protection of well-known trademarks in China.It has been introduced and applied in laws and regulations and judicial practice.However,the legislation of anti-The scope of cross-class protection of well-known trademarks should be reasonably and reasonably determined,and the purpose,conditions and four restrictive factors of cross-class protection should be clarified.The principle of "effective and passive" is strictly implemented.Clarify the conditions of recognition,and proposed to increase the "effective case" principle,and further strengthen the "effective case,passive identification" principle of publicity and guidance efforts.The sixth part,summary,on the three aspects of the problem,to further elaborate their own understanding and perspective.