Analysis On The Protection Paths Of Overseas Well-known Trademark Not Registered In The Mainland Of China

In the era of global economy,the popularity of a country’s trademark usually goes beyond the scope of the actual use of the trademark,resulting in goodwill spillover effect.However,under the current legal system of well-known trademark protection in the mainland of China,overseas well-known trademarks that are not registered and actually used in the mainland of China are usually difficult to get effective protection,and do not meet the protection standards of international treaties.From the perspective of safeguarding the relevant public cognitive interests and fair market competition order,we should strengthen the protection of unregistered overseas well-known trademarks from an international perspective and regulate the malicious rush to register in combination with the development trend of international market and the reality of China.This paper focuses on the overseas well-known trademarks that are not registered in the mainland of China,focuses on the influence of the regional use of trademarks on the protection of unregistered overseas well-known trademarks,and studies the problems existing in the protection path of unregistered overseas well-known trademarks.The main body of the article is divided into four chapters.The first chapter analyzes the related concepts and theories of foreign well-known trademarks that are not registered in the mainland of China,combs the connotation of unregistered well-known trademarks,and explains that both "well-known" and "use"involve regional issues.Then it expounds the theoretical basis of the principle of regional use of trademarks,and points out the shortcomings of the traditional regional principle of trademarks,so as to pave the way for the later discussion.The second chapter summarizes and analyzes the existing ways to protect the overseas well-known trademarks not registered in the mainland of China,and points out the possible ways to protect the overseas well-known trademarks not registered in the mainland of China under the current trademark system in the mainland of China,as well as the characteristics and advantages and disadvantages of various protection paths.The third chapter compares and draws lessons from the typical systems of foreign unregistered well-known trademark protection,and refers to the legal standards adopted by the United States,Japan and other countries and regions for the protection of unregistered foreign well-known trademarks.It selects different cases for comparative study,and sums up the recognition conditions of well-known trademarks to draw lessons from the beneficial elements.The fourth chapter analyzes the necessity of changing the protection mechanism of well-known trademarks from multiple perspectives;at the same time,analyzes its feasibility from the perspective of practice;summarizes the shortcomings of the current protection of unregistered overseas well-known trademarks in the mainland of China,and then put forward suggestions for improvement.