A Study On Legal Protection Of Unregistered Trademarks That Have "Certain Influence"

Based on trademark popularity,unregistered trademarks can be divided into unregistered well-known trademarks,unregistered trademarks with "certain influence" and general unregistered trademarks.Among them,unregistered well-known trademarks are specially protected by the well-known trademark system.Generally,unregistered trademarks lack the necessity of legal protection because they do not have high goodwill attached to them,while unregistered trademarks with "certain influence" can significantly indicate the source of goods and have a relatively high reputation.Due to the high commercial value,my country’s Trademark Law and Anti-Unfair Competition Law have set up protection systems.However,due to the general terms and inconsistent identification standards,although it has been implemented for several years,it is still not ideal for safeguarding the prior rights of trademark users.Therefore,the research object of this paper is to choose unregistered trademarks with "certain influence".The first chapter of this paper mainly expounds the definition of the concept of unregistered trademarks with "certain influence" and the legitimacy of protection.Among them,by sorting out the generation of trademark concepts and comparing with registered trademarks,well-known trademarks,and general unregistered trademarks,the basic concept of unregistered trademarks with "certain influence" is given in the first section,and the second section is analyzed in detail.The constitutive elements of the concept of “certain influence” of an unregistered trademark have been established.As for the third section,this article starts from three perspectives: natural law philosophy,goodwill theory,and anti-unfair competition.From multiple perspectives,it proves that the system of obtaining trademark rights by registration provides legal protection for unregistered trademarks with "certain influence".theoretical basis.With the help of the research method of comparative study,the second chapter of this paper focuses on the protection mode of unregistered trademarks that have a "certain influence" by the current law,and analyzes the pros and cons of each country based on the differences between China and foreign countries.The first section expounds the relevant provisions of my country’s Trademark Law and Anti-Unfair Competition Law.The second section describes the development evolution and system design of the legal protection of unregistered trademarks in the four major countries of the United States,Britain,Germany and Japan according to the division of the common law system and the civil law system.The third section focuses on expounding the insufficiency of my country’s protection model,and guides the development of the following research.The third chapter of this article is the key chapter of this study,mainly discussing the specific standards for obtaining protection for unregistered trademarks that have "certain influence".stricter review standards.This chapter decomposes the determination criteria of "certain influence" and "prior use" in the first and second sections respectively,and analyzes the "certain influence" of the anti-unfair competition law in the form of typical cases in the third section.Judicial Applicability in Unregistered Trademarks.The fourth chapter of this paper analyzes the legal effect of unregistered trademarks with "certain influence",and puts forward corresponding suggestions.Such trademarks are mainly faced with the risk of infringement caused by malicious squatting and passive use of trademarks.Therefore,only by clearly clarifying the concept and status of such trademarks in the Trademark Law,increasing the cost of infringement,and simplifying the process of rights relief,can more efficient protection be achieved.Legal rights to unregistered trademarks that have "some effect".