In China ,the present Trade Mark Act only makes some provisions for the well-known unregistered trade marks and some influential ones ,but no provision for the common unregistered trade marks (the other unregistered trade marks expect the two kinds mentioned above ).

A Discussion of Legal Protection of Unregistered Trademarks;

Protection of unregistered trademarks is the need of consumers interests,social justice and public order.

Protection for the Senior User's Non-well-known Unregistered Trademark-Comments on the 3rd Amendment to the Trademark Law of the P.R.China

Now when in China the protection level of registered trademarks is almost equal to the level in oth- er states ,unregistered trademarks should protect efficiently and rationally by improving and amending th.

Since China adopts the registered principle,the protect for the unregistered trademarks is proved to be a weak point in China.

In this paper, \'the unregistered famous trademarks\' is defined a kind of unregistered trademark between the unregistered well-known trademark and the unregistered general category, especially for reputation and influence, which not only has been used but have a certain extent of influence.

When Unregistered well-known trademarks conflict with enterprise names or the design rights,the right owners can\'t maintain rights through suing,which lead to the lack of relief to infringing ability to the unregistered well-known trademarks.