What are the manifestations of alienated well-known trademarks
In our country, the term well-known trademark is almost a household name, and everyone We are all familiar with it, but the well-known trademark system has been seriously alienated in our country. The specific manifestations are as follows:
(1) A well-known trademark is an honorary title
The original intention of the well-known trademark system is to provide special legal protection for well-known trademarks, rather than to grant a trademark the honorary title of "well-known trademark". Strictly speaking, there is no such classification as "well-known trademark" and "common trademark" in trademark law. As some scholars pointed out: "A well-known trademark is not a special trademark in trademark law, but a legal trademark. All trademarks provide the kind of protection possible". my country's well-known trademark legal system started from the industrial and commercial administration department. From the beginning of the establishment of the well-known trademark system, there has been a misunderstanding. Both enterprises and the general public believe that well-known trademarks are an honorary title awarded by the government. Once a trademark is recognized as a well-known trademark, the value of using the trademark as an intangible asset increases sharply. From the perspective of local economic development, some local governments give high rewards to companies that are assessed as well-known trademarks, and provide tax and other measures. aspects will be taken care of.
Protecting a well-known trademark is not the assessment of a well-known trademark, nor is it the granting of a well-known trademark.Give a title. Because what we are protecting now are well-known trademarks that are in the process of being established and are well-known trademarks in their early stages. To be precise, it is to protect the environment and procedures for the creation of well-known trademarks. Some well-known trademarks that have been recognized as "low thresholds" for infringement must not be promoted to inappropriate positions, nor can inappropriate information be released to consumers in the name of the government. "Official Information". In this way, the government is helping a certain enterprise to promote its business. Participating in unfair competition among enterprises will also damage the government's credibility. At present, well-known trademarks are undoubtedly the goal that every brand operator strives for. Therefore, many companies work hard to obtain the recognition of well-known trademarks at all costs, and often think that obtaining the title of well-known trademark is like having a talisman, becoming an indestructible body. From then on, they can sit back and relax, and their reputation will become better and better. It can become stronger and stronger, and the protection of the brand can become stronger and stronger. It can be seen that well-known trademarks have been widely regarded as an honorary title in my country. This misunderstanding of well-known trademarks is not conducive to the establishment of a fair and orderly market competition order, nor is it conducive to the healthy and orderly well-known trademark recognition system in my country. develop.
(2) Well-known trademarks are tools for promoting products or services
From the perspective of legal provisions, my country's current well-known trademark system has abandoned the system of active recognition by the Trademark Office and instead adopted the internationally accepted practice of "passive recognition" and "validity on a case-by-case basis". At present, whether a well-known trademark is administratively recognized by the Trademark Office or the Trademark Review and Adjudication Board, or judicially recognized by the People's Court, its validity is only valid for that individual case and does not necessarily automatically have binding force on subsequent cases. However, the vast number of enterprises that have been recognized as well-known trademarks seem to be indifferent to the "passive recognition and effective on a case-by-case basis" and have vigorously promoted the well-known trademarks they have obtained, in the form of holding press conferences and advertising in newspapers and television. Moreover, when promoting well-known trademarks, some companies do not indicate the scope of use of their well-known trademarks, but generally indicate "such and such trademark - China's well-known trademark". These companies seem not to know that a well-known trademark is a dynamic fact, and they take it for granted that once a well-known trademark is recognized, they can of course vigorously promote their trademarks with the label "well-known trademark". In our country, when "China's well-known trademark" appears on products or advertisements as an honorary title, and companies will strive to create "China's well-known trademark" as the goal of their "brand strategy", the internationally accepted well-known trademark systemIn fact, it has been "alienated" in China. This reality shows that the main motivation for some Chinese enterprises to obtain well-known trademark recognition does not seem to be to protect their trademarks from infringement, which is contrary to the original intention of well-known trademark recognition. There are no relevant provisions in the current law that restrict the abuse of trademark rights by the owners of well-known trademarks. It is provided that the owners of certain well-known trademarks may abuse the well-known trademarks. When the majority of the public is still unclear about the effectiveness of well-known trademark recognition, this kind of publicity may achieve certain commercial results, but if things go on like this, it will not only be detrimental to fair market competition, but also have a negative impact on trademark owners, and even They ruin their own brands.
(3) Judicial determination is that a well-known trademark has been obtained Shortcut
Well-known trademarks are scarce resources in trademarks. For most trademarks, being recognized as a well-known trademark is elusive. Some trademark owners believe that it takes a long time to identify a well-known trademark through administrative procedures, and it takes years for local industrial and commercial bureaus to report to the State Administration for Industry and Commerce before applying. In comparison, judicial determination is relatively simple. It usually takes half a year to a year for a lawsuit to be resolved. Therefore, companies are more keen on "judicial recognition". Therefore, it is believed that the People's Court's recognition of well-known trademarks through judicial channels is "faster and less troublesome" than administrative recognition of well-known trademarks. Therefore, some trademark owners regard judicial recognition of well-known trademarks as a shortcut to obtain well-known trademarks.
Article 13 of the Trademark Law is relevant If the holder of a trademark that is well known to the public believes that its rights have been infringed upon, he 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 Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.
The trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the well-known trademark registrant to If the interests may be harmed, registration will not be allowed and use is prohibited.
Article 14 Well-known trademarks shall be recognized as facts that need to be determined in handling trademark cases at the request of the parties. The following factors shall be considered in determining well-known trademarks:
(1) The relevant public’s awareness of the trademark;
(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.
Investigating and handling trademarks in the trademark registration review and industrial and commercial administration departments During the course of an illegal case, if a party claims rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case,The well-known status of the trademark shall be determined.
In the process of handling trademark disputes, the parties shall comply with this Article 13 of the Law stipulates that if rights are claimed, 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 and 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 may determine the well-known status of the trademark based on the needs of hearing the case.
Producers and operators shall not use "well-known trademarks" The words are used on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.
If you need legal help, readers are welcome to The Legal Savior Network provides legal consultation. The professional legal team of the Legal Savior Network will answer your questions in a timely manner so that you can safeguard your rights and interests in a timely manner.
No comments yet. Say something...