入库参考案例解读​：未注册驰名商标的认定标准及权利保护

Core Viewpoint - The article discusses the legal framework and standards for the protection of unregistered well-known trademarks in China, emphasizing the importance of recognizing such trademarks based on their actual use and reputation in the market [4][5][6]. Group 1: Legal Basis for Protection - The establishment of the unregistered well-known trademark protection system is a necessary response to the globalization of trade, reflecting the need for trademark rights to adapt to international market dynamics [5]. - The essence of protecting unregistered well-known trademarks lies in the legal recognition of goodwill, which is an important intangible asset for businesses, representing consumer recognition and loyalty [5]. - The protection system aims to safeguard three legal interests: protecting the innovative investments of businesses, maintaining consumer trust, and ensuring fair market competition [6]. Group 2: Standards for Recognition - The rights to unregistered well-known trademarks are based on the principle of "rights arising from use," granting similar protections to those of registered trademarks [7]. - The court case involving "Penfolds" wine illustrates the criteria for recognizing an unregistered well-known trademark, including the duration of use, promotional investment, and public awareness [8]. Group 3: Liability for Infringement - The principle of good faith is crucial in trademark registration and use, aiming to prevent malicious registration and maintain order in trademark rights [9]. - The court emphasized that infringers who knowingly exploit unregistered well-known trademarks for unjust gains violate the principle of good faith, highlighting the need for accountability [9]. - The case established that infringers must not only cease their infringing activities but also bear compensation responsibilities, reinforcing the legal rights of unregistered well-known trademark holders [10].