Identification Of Specific Name Of Famous Commodity

The specific name of the well-known commodity is similar to trademark which meet conditions for trademark registration but no registration.They both belong to identification to distinguish the source of goods.As a result,Many operators use the specific name of the well-known commodity to obtain interests.However,this ride,not only harm the interests of the people who have the right of the specific name of famous commodities,but also destroy the order of the market.The behavior therefore belongs to unfair competition which is regulated by the "anti-unfair competition law".Especially for a lot of old Chinese brand products,due to historical traditions and lengthy registration procedures,it is often too late to protect they by registered trademark.It is very necessary to use The specific name of the well-known commodity to protect them.But identified as "specific name of the well-known commodity ",is the premise of protection.The key component of specific name of the well-known commodity is not complete and stipulated in different legal documents,leading to different standards of judicial practice.In view of this,I combed the legal system and judicial precedents of specific name of the well-known commodity,drawing on the experience of foreign legislation and judicial decisions,integrating methods of statute analysis and case studies to discuss what important document to consider and what important document not to consider when identify trade name as specific name of the well-known commodity.This paper is divided into five parts.The first part is introductory theory.This part proposed some problems of specific name of the well-known commodity and their significance,combing the relevant literature,and then put forward the idea of the analysis of this article.The second part is basic theory introduction.It introduces the meaning and value of the specific name of the well-known commodity.It is worthy of protection because of the great interest to consumers and operators.The third part combed the general methodological problems of the identification main body,identification method and identification conditions by the analysis articles and case studies,drawing on the relevant provisions of well-known trademarks.The fourth part is the core of this article.By discussing the theory,citing law,analysing judicial case,I combed and deconstructed the constituent elements of the specific name of the well-known commodity.According to China’s relevant legal documents and drawing the requirements of trademark registration,when identify specific name of the well-known commodity,we need consider the following elements:the level of well-known(prerequisite requirements);qualified expressions(formal requirements);significant difference(core elements);legitimacy(legality elements);the prior(assessmentrequirements);unregisteredtrademarks(exceptrequirements).At the same time,I also described unrelated elements of specific name of the well-known commodity.Finally,the fifth part is the conclusion.I logically generalized all the constituent elements of specific name of the well-known commodity.