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新《商标法》施行后,驰名商标的滥用现象得到矫正。但是现阶段,我国各省市充斥着的著名商标仍被用于广告宣传、展览及其他商业活动中。著名商标本质上就是驰名商标,其滥用在一定程度上是延续了旧时驰名商标的滥用。驰名商标原则起源于巴黎公约,而我国现阶段的著名商标制度却难以找到其渊源,在我国商标法中也不能找到其表述。著名商标制度是我国特有的制度,但是该制度的合理性及合法性却值得研究。
After the implementation of the new Trademark Law, the abuse of well-known trademarks has been rectified. However, at this stage, famous trademarks that are flooded with various provinces and cities in our country are still being used in advertising, exhibitions and other commercial activities. Well-known trademark is essentially a well-known trademark, its abuse to a certain extent, is the continuation of the abuse of well-known trademarks. The principle of well-known trademark originates from the Paris Convention. However, the famous trademark system in our country at this stage can hardly find its origin and can not find its representation in the Trademark Law of our country. The famous trademark system is a peculiar system in our country, but the rationality and validity of this system deserve to be studied.