Are well-known trademarks protected by law?

"Well-known trademarks" are a hot topic in today's market economy and have attracted the attention of many people. But "well-known trademarks" are a new thing, and people know very little about them, leading to a lot of vague understandings. Are well-known trademarks protected by law? Please follow the editor of Legal Savior Network to learn more below.

Are well-known trademarks protected by law

Well-known trademarks are protected by law.

Well-known trademarks can be explained from two aspects. One is factual and the other is legal. In fact, well-known trademarks exist objectively and are not subject to the will of any department. For example, "Coca-Cola" is a well-known trademark in fact; while legally well-known trademarks are to protect those trademarks with higher visibility from exemption. Legal remedies for unlawful infringement are based on identification; identification is the premise, and protection is the purpose. Recognizing a "well-known trademark" is a necessary legal procedure.

The purpose of identifying well-known trademarks is to protect well-known trademarks. Therefore, the prerequisite for recognition of a well-known trademark is that the trademark has been illegally infringed, that is, there is a legal claim, and only then can one apply for recognition of a well-known trademark to obtain expanded protection; this is mainly reflected in the following three aspects:

Applying for registration of a trademark that is identical or similar to someone else's well-known trademark on non-similar goods, and may cause damage If the interests of the well-known trademark registrant are not satisfied, the State Administration for Industry and Commerce shall reject the registration application; if the applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.Please review; if it has been registered, within five years from the date of registration, the owner of the well-known trademark can request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it, but there is no time limit for malicious registration.

Translate a trademark that is identical or similar to another’s well-known trademark If it is used on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark owner, the well-known trademark owner may within two years from the date he knew or should have known. , requesting the industrial and commercial administrative authorities to stop it.

From the date of recognition of a well-known trademark, others will If words that are identical or similar to the well-known trademark are used as part of the enterprise name and may cause misunderstanding by the public, the industrial and commercial administration authorities will not approve the registration; if it has been registered, the registrant of the well-known trademark may have two days from the date he knew or should have known it. Within the year, request the industrial and commercial administrative authorities to revoke it.

In order to strengthen the broad protection of well-known trademarks, the Trademark Office , in the procedures of review, opposition, case handling, etc., well-known trademarks have been extended protection to a certain extent, which largely avoids the first two situations mentioned above.

The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.