1. What is the scope of protection of well-known trademarks
1. If a trademark applied for registration for identical 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 will be prohibited.
2. The 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 If the interests of the registrant of the well-known trademark may be harmed, the trademark shall not be registered and its use shall be prohibited.
3. If a registered trademark violates the relevant provisions of the Trademark Law, within five years from the date of trademark registration, the trademark owner or interested party may request a trademark The review committee ruled to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
4. If the use of a trademark violates Article 13 of the Trademark Law, the relevant party may request the industrial and commercial administration department to prohibit the use. If the Trademark Office determines that a well-known trademark is a well-known trademark in accordance with the provisions of Article 14 of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law, confiscate and destroy its trademark logo; If the logo is difficult to separate from the product, they will be collected and destroyed together.
5. If the owner of a well-known trademark believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may report to the business name registration supervisor The agency applies to cancel the registration of the enterprise name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".
6. Another person’s domain name or its main part constitutes the copying, imitation, translation or duplication of a well-known trademark.If the domain name is translated, the registration and use of the domain name shall be deemed to constitute infringement or unfair competition.
2. There are several ways to protect well-known trademarks
1. Special protection for well-known trademarks. Ordinary trademarks can only receive legal protection in the categories of goods or services that are approved for registration, while well-known trademarks can obtain varying degrees of cross-category protection; well-known trademarks can resist malicious registration by others, and other companies are not allowed to use well-known trademarks as domain names or company names. Name registration.
2. Cross-category protection of well-known trademarks. Well-known trademarks can obtain different levels of cross-category protection depending on their degree of well-knownness. In actual implementation, well-known trademarks recognized by the State Administration for Industry and Commerce are uniformly registered and announced in the State Administration for Industry and Commerce. Even if someone applies for a trademark that is identical or similar to a well-known trademark on different or dissimilar goods, the Industry and Commerce Bureau will generally refuse to approve the registration.
Well-known trademarks recognized by the judiciary will not receive active protection from the Industrial and Commercial Administration. When infringement occurs, the owner can only file a lawsuit in court. , to safeguard rights.
3. Judicial protection of well-known trademarks. If a trademark applied for registration on identical 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 is prohibited from use; a trademark applied for registration on different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has not been registered in China. Anyone who imitates or translates a well-known trademark that has been registered in China by others to mislead the public and cause the interests of the registrant of the well-known trademark to be harmed may be denied registration and prohibited from use.
Well-known trademarks implement cross-class protection. The infringer and the trademark owner operate different goods or services, and the amount of damages is determined based on the profits from the infringement. It seems unreasonable, and it is difficult to grasp the calculation standard based on the loss of the trademark owner. Therefore, how to correctly determine the amount of compensation in a case is a difficulty in trial practice. Since the law does not have special provisions on this, the court generally still relies on the legal basis when determining the amount of compensation: Article 56 of my country’s Trademark Law and Article 16 of the Judicial Interpretation to determine the amount as appropriate. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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