Research on Legal Protection System of Unregistered Well-known Trademarks
|School||Southwest University of Political Science|
|Course||Intellectual Property Law|
|Keywords||unregistered trademark well-known trademark judicialidentification legal protection system|
The legal protection of unregistered well-known trademark is a difficulty ofintellectual property sphere in china. In our time, the trademark bears great economicvalue as a kind of intangible property. However, under the trademark registeredsystem, unregistered well-known trademark is also vulnerable to illegal rightsviolations. In my view, unregistered well-known trademark shall be well protected bylaw for it is not only source of distinguishing goods and services, but also the humansweat.This paper is begin with a trademark infringement case between The (UK)SOTHEBY’S Auction House with Sichuan “SUFUBI” Auction Company, anddiscussed around the case. The first section describes the subject matter of the merits,the focus of controversy. The focus of controversy are: The first is whether“SUFUBI” trademark should be recognized as a well-known trademark, the need forand basis of protection of unregistered well-known mark; The second is whether thetrademark is a unregistered well-known trademark, and how to identify; The last is theway to protect unregistered well-known trademarks. Around the first focus in thesecond part to start the review of the historical development of trademarks andunregistered well-known trademark, elaborated on the special nature of anunregistered well-known trademark, as well as the need for legal protection ofunregistered well-known trademark, and then give the answer to the involvingproblem of the first focus. The third part commence around the second focus ofcontroversy, it comes to China’s well-known trademarks judicial identification system,the judicial identification of the main body of standards and effectiveness, and answerthe mentioned problem in the second focus. The fourth, fifth part discusses the thirdfocus of controversy. The fourth part is around the third focus of controversy. At first,it introduces the provisions of the Paris Convention, the TRIPS Agreement, and so on.And then the text focuses on the China’s legal protection system of unregisteredwell-known trademark and its existing problems.On the basis of analysis of three focuses, the author has put forward severalrecommendations in the fifth part. Article appeal that businesses should correctlyregard the unregistered well-known trademarks, raised further way to improve thejudicial identification system, we can try to reduce the significance requirements of unregistered well-known trademarks, and depending on the circumstances to expandprotection range of unregistered well-known trademarks. At last, the author stress thatwe should scientifically apply to the likelihood confusion theory and the anti-dilutiontheory.