What are the methods for judicial determination of alienation of well-known trademarks
"Alienation" means of judicial recognition of well-known trademarks There are two main types. One is to create "well-known trademarks" through "fictitious litigation". They "create things out of thin air", maliciously create evidence, fabricate trademark infringement cases, and use the hands of judicial power to label unknown trademarks as "well-known trademarks" "; First, the well-known trademarks are widely promoted and used as "golden" signs. This phenomenon seriously deviates from the original intention of the well-known trademark system to provide special legal protection for them. The judicial recognition of well-known trademarks has been "alienated" in commercial competition.
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.
If a 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, and is likely to cause confusion, it will not be registered and is prohibited Use.
different or similar products If the trademark applied for registration 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, it will not be registered and its use will be prohibited.
"Trademark Law"Article 14 A well-known trademark shall be registered at the request of the party concerned. Determine the facts that need to be determined when handling trademark cases. The following factors should be considered when determining a well-known trademark:
(1 )The relevant public’s awareness of the trademark;
(2) The 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.
Investigated and dealt with by the trademark registration review and industrial and commercial administration departments During the course of a trademark violation case, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make changes to the trademarkWell-known status 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.
In summary, the above are the trademarks compiled by the editor for everyone Judicial determination of alienation situations and the country’s preventive measures. If you have more related legal questions? For consultation, you are welcome to seek help from professional lawyers at Hualu.
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