驰名商标制度的异化现象研究——兼评现行《商标法》的有关规定-research on alienation of well - known trademark system —— comment on the relevant provisions of the current trademark law.docxVIP

暨南大学硕士学位论文驰名商标制度的异 暨南大学硕士学位论文 驰名商标制度的异化现象研究——兼评现行《商标法》的有关规定 PAGE PAGE VI Abstract Nowadays, the products and services of the companies increasingly tend to be more competitive, to enterprises, brand effect has becomes a solid choice to occupy the market share and gain the public recognition. In recent years, the dispute of the well-known trademark constantly, to protect widely known trademarks known by the relevant public, the law had established the well-known trademark protection system, which is a kind of passive and case protection type. But in our economic and social life, many enterprises put the cart before the horse, regard the well-known trademarks as business reputation, pursue the affirmation initiatively, false litigation, abuse the well-known trademark to widely publicity, and so on, such phenomena are emerge in endlessly. Not only the enterprises and even the local governments treat the grand of well-known trademark as their honor and achievements, which makes the system deviated from the original intention of its settings. On August 30, 2013, the amendment of Trademark Law was reviewed and voted to pass of the 12th session of NPC Standing Committee, and made several changes to the current trademark law, and the critical changes of well-known trademarks system mean it’s no more honorary title for the enterprises to apply largely and the government to affirm in bulk in China, no more “official signal” for propaganda and quality assurance, it will be able to return to its original system intention for combating malicious registered and against unfair competition. The paper first introduces the background and recent research situation, puts forward how the well-known trademarks dissimilation appeared and the core meaning of dissimilation, and indicates that the significance of this paper lies in providing a clearer way to the new development of well-known trademark protection and next step research direction under the current law field vision by evalua