A Study on Limitations of Well-Known Trademark Protection in Trademark Law

• Main Authors: Yi-Han Lu, 路逸涵
• Other Authors: 蔡明誠
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/g22k4e

碩士 === 國立臺灣大學 === 法律學研究所 === 105 === Abstract Nowadays, Electronic E-business becomes prevalent and technology improves every day. Thanks to the prosperity of media and Internet platform, international interactions tend to frequency, information circulates without geographical restrictions, and trademarks could also be known all over the world. In the trademark owners’ long-term efforts to invest and advertise the trademark, it changes into a symbol of enterprise''s brand image and is worth a high degree of value rather than just a pattern to identify and distinguish different goods or services. Through the owner’s efforts, the trademark ultimately becomes ‘well-known mark’ or ‘famous mark’. Although establishing well-known marks can bring high economic benefits for trademark owners, they are more likely to be misused or free-rode by other competitors in the meanwhile than general trademarks, resulting in the simultaneous costs of trademark owners and consumers. Thus, it is necessary that the law protect trademark owners’ endeavor and maintain the fair market order. Since Paris Convention gave special protection to well-known trademarks, the issue concerning well-known trademark has been attracted much attention and sparks heated discussions in the world. Today, not only follow-up international conventions, like TRIPS or Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks but also the Trademark Act of every country include more specific or special provisions for well-known trademarks. By studying the meaning of relevant provisions, we could find that confusion doctrine and trademark dilution are the two major protection principles in trademark law. The two theory give protections for well-known trademarks from two sides of registration and infringement. Overall, the trend in protection becomes broader. However, the special protection for well-known trademarks itself also hurts the market mechanism of free competition. As a result, there must have protection limits to seek a balance of interests of all parties. Therefore, the purpose of this article is to explore the protection limits of well-known trademarks in Trademark Law. The content is roughly divided into two aspects for discussion. First of all, this paper begins with studying the interpretation of trademark provisions and clarifying the application among those in force from a practical perspective. Then from another aspect, it will compare the legal systems of Trademark Law of the United States, European Union, Germany and China with that of Taiwan. Through the study of comparative law, the article would present learning experience, expecting to offer some suggestions for future amendments and practical application of Taiwan’s Trademark Law.