What is the necessity of well-known trademark protection
First, protect well-known trademarks It is an international obligation that our country should fulfill. Since the Paris Convention was revised in 1925 and provisions for well-known trademarks were added, countries around the world have paid increasing attention to the protection of well-known trademarks. The Agreement on Trade-Related Aspects of Intellectual Property Rights (the "TRIPs" Agreement) also includes well-known trademarks in the scope of protection, which inevitably leads to the use of the degree of protection of well-known trademarks as a measure of a country or region's level of protection of intellectual property rights. important standards. As a member state of the Paris Convention, our country must assume the obligations stipulated in the Convention and provide special legal protection to well-known trademarks.
Second, to maintain fair competition, it is necessary to establish a legal protection system for well-known trademarks. After my country entered the market economy, some unscrupulous businessmen adopted unfair competition methods that violated business ethics to obtain illegal benefits. my country's socialist market economy pays attention to legality and fair competition. To make the market economy develop in an orderly and healthy way, it is necessary to establish a special legal protection system for well-known trademarks.
Third, in order for my country’s well-known trademarks to receive special legal protection internationally, a special legal protection system for well-known trademarks needs to be established. Now, intellectual property rights have entered a period of international protection. The openness of the world economy has integrated international economic and trade. In international economic and technological exchanges, certain international practices must be followed and obligations under international conventions must be fulfilled. In order for our country's famous and high-quality products to occupy a corresponding share in the international market, we must expand sales. This must first solve the legal protection of the sales place, especially the legal protection of trademarks in industrial property rights. In order to achieve special legal protection for the trademarks of Chinese enterprises in other countries, the prerequisite is to deal with it in accordance with the "principle of reciprocity" in foreign-related laws. Although my country has granted special legal protection to some well-known trademarks from other countries around the world, the lack of an effective legal system makes it difficult for others to convince others, and it has even become an excuse not to provide special legal protection for my country's well-known trademarks.
"Chinese People's Article 13 of the Trademark Law of the Republic: 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.
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, which can easily lead to confusion. , will not be registered and prohibited from use.
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. If the trademark misleads the public and the interests of the registrant of the well-known trademark may be harmed, the trademark shall not be registered and its use shall be prohibited.
Article 14 of the Trademark Law of the People's Republic of China: Well-known trademarks shall be recognized as necessary for handling trademark cases at the request of the parties to determine the facts. The following factors should be considered when determining a well-known trademark:
(1) The degree of awareness of the trademark by the relevant public;
(2) The duration of use of the trademark;
( 3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) The trademark is protected as a well-known trademark Records;
(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, the parties concerned assert their rights in accordance with the provisions of Article 13 of this Law Yes, the Trademark Office willAccording to the needs of investigating and handling cases, the trademark may be well-known.
During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board shall make a If necessary, the trademark's well-known status can be determined.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the Supreme People's Court shall designate The People's Court of the People's Republic of China may determine the well-known status of a trademark based on the needs of hearing the case.
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or for advertising, exhibitions and other commercial activities.
The above knowledge is the editor's answer to the question "What is the necessity of well-known trademark protection?" If you need more legal aspects For help, welcome to the Legal Savior Network for legal consultation.
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