What are the legal provisions for the recognition and protection of well-known trademarks
1. Special protection
Ordinary trademarks can only be protected by law in the categories of goods or services that are approved for registration, and enjoy exclusive rights to trademarks; while well-known trademarks are obtained by virtue of their originality and distinctiveness Different levels of cross-class protection;
Well-known trademarks can Fight against malicious squatting by others;
Other companies This well-known trademark is not allowed to be registered as a domain name;
Others The company shall not register this well-known trademark as its company name;
Increase the value of the brand, appreciate the company's intangible assets, expand the company's popularity, and enhance the company's market competitiveness;
Enterprises can formulate trademark intellectual property strategies based on this, such as the transfer and licensing of non-main application trademarks, and obtain considerable profits from trademark licensing and transfer;
Increase the government and public’s recognition of enterprises, and increase the number of infringement and counterfeiting efforts At the same time, we will receive more preferential treatment and support in other areas such as investment and credit;
If it is registered or infringed abroad, the recognition of a well-known trademark is undoubtedly a decisive bargaining chip. Enterprises can apply for cancellation or protection to the relevant competent authorities.
2. Cross Class protection. According to legal regulations, well-known trademarks are not protected by all classes. It can only be said that they can obtain different degrees of cross-class protection. That is to say, different degrees of cross-class protection can be obtained according to the degree of well-knownness of the well-known trademark. For example Haier, because its degree of well-known is very high, the industrial and commercial department covers almost all categories when it comes to cross-class protection. However, some well-known trademarks that are not very well-known will not be protected in some categories that will not mislead the public, such as Although a certain brand of lighter is not very well-known, even though it is a well-known trademark, we cannot prohibit others from calling it a certain brand of car.
In actual implementation, well-known trademarks recognized by the State Administration for Industry and Commerce have received more cross-class protection. For example, the Trademark Office is reviewing trademark registration applications and the industrial and commercial departments are reviewing enterprise names. When applying, we will generally take care of well-known trademarks. That is to say, if the trademark you apply for registration is a copy, imitation or translation of a well-known trademark that has been registered in China by others, and you are planning to apply for registration on different or dissimilar goods, The Trademark Office will generally take the initiative not to approve the registration of these trademarks, and local industrial and commercial departments will also take the initiative not to approve company names that are the same or similar to well-known trademarks.
3. Judicial protection. Judicial protection for well-known trademarks can be divided into two levels: first, protection at the registration stage, and second, protection at the stage of trademark infringement after registration.
Trademark law stipulates that “the same or similar If a trademark applied for registration on a product 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 shall not be registered and is prohibited from use.” “A trademark applied for registration on different or dissimilar goods is a copy, imitation Or if someone translates someone else's well-known trademark that has been registered in China to mislead the public and cause the interests of the registrant of the well-known trademark to be harmed, the registration will not be granted and the use will be prohibited."
The protection in accordance with the provisions of the Trademark Law is the registration stage or the protection of unregistered well-known trademarks. If you infringe on someone else's well-known trademark that has not been registered in China (such infringement refers to the circumstances that constitute the requirements stipulated in Article 13 of the Trademark Law), you can request not to register and prohibit use.
Recognition of well-known trademarks
1. Administrative identification
1. Determination in trademark opposition. Determination authority: Trademark Office Legal basis, "Provisions on the Recognition and Protection of Well-known Trademarks" The parties believe that someone else's trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law.
2. Determination in trademark disputes. Determination authority: Trademark Review and Adjudication Board, legal basis: "Provisions on Recognition and Protection of Well-known Trademarks" The party believes that a trademark that has been registered by others violates the provisions of Article 13 of the Trademark Law Content.
3. Recognition in trademark management. Determination authority: Trademark Office
2. Judicial Determination
1. Determination in the trial of trademark infringement cases. Determination. Organ: People’s Court hearing the case
People’s Court In hearing trademark dispute cases, based on the request of the parties and the specific circumstances of the case, a determination can be made in accordance with the law whether the registered trademark involved is well-known. The determination of a well-known trademark shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.
2. Determination of domain name infringement cases. Determination authority: Trial the case The People's Court heard the case
The People's Court heard the domain name dispute case , based on the request of the parties and the specific circumstances of the case, a determination can be made according to law whether the registered trademark involved is well-known.
Hua Lu editor reminds you that the Trademark Office should guide local industrial and commercial administrative departments in the recognition of well-known trademarksStrict checks will be made during the application process to ensure that the content of the application materials is true and accurate. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
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