In china，While the modem market-oriented economy results in more plentiful unregistered trademark. In response to such a social demand， it is essential to establish a rigorous unregistered trademark protection system to safeguard fair and justifiable market competition.
We discuss the follows issues: the definition of unregistered trademark, the justifications of using unregistered trademark, the difficulty of protecting unregistered trademark, the status quo of unregistered trademark protection in the Anglo-American law system and in the Common Law System, and some legislation advice an unregistered trademark protection in China. Therefore, establishing unregistered trademark protection system servers both to maintain orderly and fair market competition and to realize true fairness. Unregistered trademark protection is supplement to trademark law.
