论文部分内容阅读
近些年来,有关未注册商标的法律保护已经引起国内各界的关注。2004年11月12日,未注册商标“小肥羊“被国家工商总局商标局认定为中国驰名商标,就曾经引起过争议和广泛地讨论。作为“小肥羊”这样一个未注册商标,通过行政机关认定为驰名商标,应该说是我国商标保护制度的一个进步,其意义是可圈可点的,在我国开创了未注册商标被认定为驰名商标的先河,证实了在我国未注册商标不仅可以受到法律的保护,而且具备驰名商标条件的还可以认定为驰名商标加以保护已经成为现实。这一点已经在有关行政机关、司法机关和学术界广泛达成共识。事隔两年,又一个未注册商标“酸酸乳”再次被认定为驰名商标,所不同之处在于,这次不是通过行政机关,而是通过法院首次将一个未注册商标认定为驰名商标。这是本案的典型意义所在,同样有一些问题值得我们思考和讨论。
In recent years, the legal protection of unregistered trademarks has aroused the public’s attention. On November 12, 2004, the unregistered trademark ”Little Sheep“ was recognized as a well-known trademark in China by the SAIC TM Trademark Office and caused controversy and extensive discussions. As an unregistered trademark such as ”Little Sheep“, it has been recognized as a well-known trademark by an administrative organ. It should be said that the trademark protection system in our country is an improvement. Its significance is remarkable. It was recognized as a well-known trademark in our country that an unregistered trademark was established It proves that not registered trademark in our country can not only be protected by law, but also has the well-known trademark conditions can also be identified as a well-known trademark protection has become a reality. This point has reached broad consensus on the relevant administrative organs, judiciary and academia. Two years later, another unregistered trademark ”Yoghurt" was once again recognized as a well-known trademark, with the difference that this time it was the first time for an unregistered trademark to be recognized as a well-known trademark by a court through this court. This is the typical significance of this case. There are also some problems worth thinking and discussing.