A Study On Chinese Trademark Act’s Protection Of Well-known Foreign Brand

With the development of the China’s market economy,many foreign operators have entered the China market,making overseas new things more accessible to Chinese people.Differences in trademark legal system,culture,language,habits,and economic development among different countries have led to a large number of trademark disputes and infringement disputes.The study on how famous foreign trademark rights holders safeguard their legitimate rights and interests under China’s trademark legal system and how China’s trademark laws evaluate and protect the rights of trademark registration applicants and registered trademark owners plays an important part in maintaining the independence of China’s trademark law and building fair and competitive trademark law environment.The independence of the trademark system is the theoretical basis for this study.It is precisely due to the mutual independence of intellectual property rights that the conflicts of interest between domestic and foreign trademark rights holders have arisen.Therefore,this paper specifically explains the independence characteristics of trademarks,defines and clarifies the trademark recognition standards.Next,the writer classifies foreign well-known trademarks,analyzes the protection model of China’s trademark system for them from different perspectives,and provides persuasive demonstration by listing relevant cases in judicial practice.At the end of this paper,the predicaments and shortcomings of the current trademark system for famous foreign trademarks protection are introduced.On this basis,the regulatory model of foreign trademark laws and international treaties for similar situations are raised.Possible suggestions are proposed on how to resolve the rights and interests disputes of trademark rights at home and abroad,how to achieve a win-win result,how to regulate domestic cybersquatting and how to clarify the scope of application of the good credit principle and so on.The effective solving of these problems can not only allow trademark owners to exercise their rights based on the good credit principle,but also realize the economic functions and market value of trademarks.This can alsoimprove trademark legal system’s protection of foreign well-known trademarks and enhance our competitiveness in the international market.