How international conventions stipulate well-known trademarks
The Paris Convention for the Protection of Industrial Property has made Special regulations. According to this provision, it is prohibited to use trademarks that are identical or similar to well-known trademarks on identical or similar goods, and the registration of such trademarks will be refused. For those that have been registered, a request for cancellation of such a trademark can be made within a specified period. If the registration is not in good faith, there is no time limit for cancellation. However, the Paris Convention does not define well-known trademarks, nor does it mention the standards for recognition. It only provides principled provisions on the scope and measures of protection of well-known trademarks. Its specific content also needs to be supplemented by member states’ domestic laws.
If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and its use is prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the interests of the owner of the well-known trademark to be potentially damaged, registration will not be granted and use will be prohibited.
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