On the premise of the principle of registrationism stipulated in China's trademark law, trademarks can be classified and considered from the following levels: 1. Protection of unregistered trademarks An unregistered trademark refers to a trademark that has been put into the market without the approval of the State Trademark Office. Unregistered trademarks can be divided into legal unregistered trademarks and illegal unregistered trademarks. The legal unregistered trademarks are divided into unregistered ordinary trademarks, unregistered well-known trademarks and unregistered well-known trademarks to discuss. (1) Protection of Unregistered Ordinary Trademarks According to Paragraph 2 of Article 5 of the Anti-Unfair Competition Law, the unregistered trademarks protected by it must be "unique", that is, they should have certain distinctiveness or be known to relevant consumers within the relevant scope of the goods and services they use. It can be seen that unregistered ordinary trademarks are not protected by the anti-unfair competition law. In practice, the protection of unregistered trademarks by anti-unfair competition law should generally examine its uniqueness and market influence. Whether there is confusion or confusion is also an important criterion to judge whether it constitutes unfair competition. Although anti-unfair competition law can provide protection for trademark law, if unregistered ordinary trademarks are protected by anti-unfair competition law without restrictions, it will fundamentally shake the cornerstone of registration that trademark rights are obtained, and it is also contrary to the main purpose of anti-unfair competition law to stop using well-known marks to engage in unfair competition, so there is no provision in legislation. (2) The protection of unregistered well-known trademarks is mainly reflected in the regulation of commercial mark confusion. China's reference to unregistered well-known trademarks originates from the second paragraph of Article 5 of the Anti-Unfair Competition Law, which prohibits "unauthorized use of the unique name, packaging and decoration of well-known commodities, or the use of names, packaging and decoration similar to well-known commodities, causing confusion with other people's well-known commodities, and making buyers mistake them for the well-known commodities". In China, unregistered trademark right is a legal right other than trademark law. Article 5, paragraph 2, of the Anti-Unfair Competition Law provides for the protection of well-known goods' marks, which is actually to include unregistered trademarks in its protection scope and extend the legal protection scope of well-known trademarks to unregistered trademarks. (3) Protection of unregistered well-known trademarks According to Article 2 of China's Provisions on the Recognition and Protection of Well-known Trademarks, well-known trademarks refer to trademarks that are widely known to the relevant public and enjoy a high reputation in China. Its identification standard is stricter than that of well-known trademarks. China's trademark law has provided for anti-confusion protection of registered well-known trademarks, but there is no provision for reverse counterfeiting of unregistered well-known trademarks. In the future, we can consider legislating to regulate the indirect confusion of using unregistered well-known trademarks on goods that are not the same as or similar to the well-known trademarks and are in danger of confusion by the anti-unfair competition law. 2. Protection of registered trademarks Generally speaking, as long as it is a registered trademark, whether it is well-known or not, it is mainly protected by the trademark law. Anti-unfair competition law is only applicable under certain circumstances, such as confusion or confusion, and the anti-dilution protection of well-known registered trademarks is generally the most applicable. Article 5 of China's Anti-Unfair Competition Law stipulates: "Operators shall not engage in market transactions by the following improper means, which will damage competitors: (1) counterfeiting the registered trademarks of others." It can be seen that this provision limits the protection of trademark competition law to the function of preventing confusion, which coincides with the legislative function of trademark law. Simple overlap and similarity can only reduce the value and significance of the independent existence of this legislation, which is a waste of resources. The author believes that the Anti-Unfair Competition Law should be further improved and the anti-dilution protection of well-known trademarks should be strengthened. For the purpose of legislation, the protection of trademarks in the Anti-Unfair Competition Law should focus on maintaining the long-standing signal function of trademarks in market competition. In other words, we should focus on maintaining the goodwill, social attraction and asset value of trademarks from being damaged, and prevent others from hitchhiking to induce dishonest behavior and unfair competition. Therefore, the legislative protection should be based on whether the trademark is "well-known" or "well-known" rather than whether it is registered. Correspondingly, in terms of function, the protection of trademarks in the Anti-Unfair Competition Law should not only stop at "competitive relations", but also expand its adjustment scope to non-competitive relations and some non-commercial uses. On the basis of stopping confusion, the protection of trademarks should further stop association. In other words, the protection of well-known trademarks by anti-unfair competition law should play its dual functions of anti-confusion and anti-dilution. Legal objectivity:

Article 22 of the Trademark Law of the People's Republic of China * * * An applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and file an application for registration. An applicant for trademark registration may apply for registration of the same trademark for multiple categories of goods through one application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.