Abstract: It is difficult to deal with the civil remedy of unregistered trademarks in the third modification of trademark law, and there are different opinions about the necessity, reasons and the realizing way etc. Unregistered trademarks belong to a kind of legal interests that doesn't count as rights and should be protected by law under the voluntary registration principle. However, through the normative analysis we found that the trademark law could give only limited protection to those unregistered trademarks which have been used for a time and made an effect, while the anti-unfair competition law could not protect those trademarks either. During the third modification of the trademark law, we should analyze possible situations about the conflicts of efficacy between unregistered trademarks and registered trademarks or other commercial signs, make it clear whether these trademarks should be protected or not, figure out the ways to carry out protections, and perfect the protection of common unregistered trademarks.