What are the concepts and characteristics of well-known trademarks
1. The concept of well-known trademarks
A well-known trademark is a type of trademark officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China based on the application of an enterprise. It is widely known to the public in China and Enjoy a high reputation. The protection of well-known trademarks is not limited to identical or similar goods or services. When applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are endowed with relatively broad exclusivity. right. Moreover, the company name and website domain name of the company holding the "well-known trademark" will receive special legal protection different from ordinary trademarks. So far, a total of 1,624 trademarks have been recognized as "well-known trademarks" in China, of which 98 are foreign brands.
1. The legitimate rights and interests of the trademark owner have been illegally infringed, and the trademark must be recognized as a well-known trademark to effectively protect its legitimate rights and interests.
2. This trademark has a certain degree of popularity among relevant people.
3. The party concerned filed an application in accordance with the law.
2. Legal characteristics of well-known trademarks
Well-known trademarks and general Compared with trademarks, it has its own unique exclusive characteristics, which are mainly reflected in the following three aspects:
1. Monopoly rights beyond the geographical scope
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This refers to the exclusive right of a well-known trademark. It is not a trademark exclusive right in the general legal sense. monopoly rights to be protected. That is to say, when a trademark has been recognized as a well-known trademark by the trademark authority in the country of registration or use, if another trademark constitutes an imitation of the well-known trademark and is used on the same or similar goods, it should be rejected.or cancel their registration and prohibit their use. These provisions also apply to trademarks whose main part is counterfeit, counterfeit or imitates another well-known trademark and is likely to cause confusion. This can be called "relative protectionism" and has been adopted by various countries in the civil law system. Many countries with common law systems adopt "absolute protectionism", that is, the owner of a well-known trademark not only has the right to prohibit anyone else from using its well-known trademark on the same or similar goods, but also has the right to prohibit the use of its well-known trademark on all other goods. Its well-known trademark.
2. Registration rights beyond the first-to-file principle
Except for a few countries such as the United States, Trademark registration in most countries around the world adopts the first-to-file principle; foreigners who apply also enjoy six months of priority, that is, for the same trademark registration application, the registered trademark is awarded to the first applicant. However, for well-known trademarks, even if others apply first, they are not allowed to register; even if others have applied and been approved for registration, the owner of the well-known trademark has the right to request the cancellation of the registered trademark within a certain period of time. This period is stipulated in the Paris Convention for the Protection of Industrial Property as 5 years (counted from the date of registration); member states can also set the period for requesting a ban on use, but it can only be more than 5 years and cannot be less than the period stipulated in the Paris Convention. Minimum time limit; if the well-known trademark of another person was obtained or used maliciously through fraudulent means, the right of the owner of the well-known trademark to request revocation is not limited by the time limit.
3. Strictly restricted transfer rights and licensing rights
Most of the world, including China National trademark laws stipulate that registered trademarks can be transferred and licensed to others. The transfer of a registered trademark is the transfer of the exclusive right of the trademark between two people. The transferor and the transferee should jointly submit a transfer application to the Trademark Office. The announcement will be effective only after the Trademark Office approves the announcement. The license to use a registered trademark is valid when the license contract is signed and submitted to the Trademark Office for filing by the licensor. China's Trademark Law revised in 1993 also stipulates that for registered trademarks that have been licensed for use, the name of the licensee and the place of origin of the goods must be indicated on the goods or delicacies to show distinction. Generally speaking, the transfer of registered trademarks in the typical sense is relatively rare, and is more common in licensing. However, all countries have strict restrictions on well-known trademarks, and the transfer of well-known trademarks is prohibited by law. For use licenses, a strict approval and approval system is adopted. In addition to a use contract signed by both parties, it must be approved by the Trademark Office and registered and announced before it is valid to ensure the reputation of a well-known trademark.
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