Abstract：Unregistered well-known trademarks belong to well-known trademarks, while big difference exists between unregistered well-known trademarks and registered well-known trademarks in the respect of legal protection. There is sufficient justification as to the legal protection for unregistered well-known trademarks, which is consistent with the legislative intent of the law for the protection of trademark rights as private rights, embodies the spirit of fairness and justice, and is also necessary for the prevention of unfair competition. In the theory and practice of unregistered well-known trademarks, many problems need to be clarified, such as whether unregistered well-known trademarks could be obtained as trademark rights due to use. From the legislative level, unregistered well-known trademarks are protected by international conventions and trademark legislation in many countries. In China, the protection of unregistered well-known trademarks has experienced a gradual improvement of the protection. In the process of the third amendment of the Trademark Law of China, the issue of unregistered well-known trademarks shall be provided and upgraded.
冯晓青. 未注册驰名商标保护及其制度完善[J]. 法学家, 2012, 0(4): 115-127.
FENG Xiao-Qing. Research on the Justification of the Protection of Unregistered Well-known Trademarks and the Upgrading of System Thereof. , 2012, 0(4): 115-127.