What are the legislative provisions for special protection of well-known trademarks?

Well-known trademark is a proprietary legal concept, which refers to a trademark that enjoys a high reputation in the market, is well-known to the relevant public, and has strong competitiveness. What are the legislative provisions for special protection of well-known trademarks? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the legislative provisions for special protection of well-known trademarks

First of all, a well-known trademark is a well-known trademark, that is, it is well-known. High or higher. This is mainly proved through some supporting materials, such as public awareness, the scope and intensity of advertising, the time of trademark use, etc. The Paris Convention for the Protection of Industrial Property stipulates that member states shall undertake the obligation to extend protection for well-known trademarks. Secondly, well-known in a well-known trademark does not mean that it is recognized by everyone or has a high reputation among all members of the public, but that it is well-known among relevant consumers.

my country's Trademark Law and its Implementing Rules 》There are no legal provisions on the well-known trademark protection system. The main content of my country's well-known trademark system is currently only an administrative departmental regulation issued by the State Administration for Industry and Commerce, the "Interim Provisions on the Recognition and Management of Well-known Trademarks." This regulation provides basic provisions on the definition, recognition, special protection, etc. of well-known trademarks. From the promulgation and implementation of the interim regulations to the present, the Trademark Office has repeatedly recognized well-known trademarks and launched many well-known trademark protection actions nationwide, laying the foundation for the establishment and improvement of my country's well-known trademark legal system.

Article 13 of the Trademark Law: If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.

The 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 , which is likely to cause confusion, will not be registered and is prohibited from use.

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 well-known trademark registrant to be harmed, registration will not be allowed and Use is prohibited.

Article 14 Well-known trademarks shall According to the request of the parties, the facts that need to be determined in handling trademark cases shall be determined. The following factors shall be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) Duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may make a decision on the well-known status of the trademark based on the needs of reviewing and handling the case. Determination.

In the process of trademark dispute resolution, the parties If rights are claimed in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court shall The well-known status of a trademark can be determined if necessary for hearing the case.

Producers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

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