What are the protection principles for well-known trademarks?

Judging from the content of the criminal law and trademark law, there are no special provisions for well-known trademarks. Although in practice, "low-visibility trademarks are generally not infringed by these criminal acts, while high-visibility trademarks are often infringed. What are the protection principles and regulations for well-known trademarks? The editor of Legal Savior Network has compiled relevant content for you. Welcome everyone to browse, thank you.

What are the protection principles for well-known trademarks

The protection principles for well-known trademarks are generally divided into There are two types of relative protectionism and absolute protectionism.

The principle of relativistic protection means that others are prohibited from registering or using a trademark that is identical or similar to a well-known trademark on the same or similar goods as the trademark owner. The Paris Convention adopts a principle of relative protection; the principle of absolutist protection means that it is prohibited to When others register or use a trademark agreement that is the same as or similar to a well-known trademark on any goods, including goods that are different or dissimilar to the well-known trademark, the law adopts the principle of absolute protection. The condition for this absolute protection is that a business can only use A trademark on dissimilar or dissimilar goods may easily imply some connection with a well-known trademark, which may damage the interests of the owner of the registered trademark.

China's trademark law adopts both principles, that is, a mixture In principle, the principle of relative protectionism should be adopted for well-known trademarks that have not been registered in China. The principle of absolute protectionism should be adopted for well-known trademarks that have been registered in China. However, from the actual situation, it is more inclined to the principle of absolute protectionism. Trademarks that enjoy a certain degree of popularity in China should first be Most of them have been registered in China and the scope of registration is relatively wide, and very few have not applied for registration in China; secondly, before the revision of the Trademark Law in 2001, the trademark registration and management departments actually did not apply for well-known foreign trademarks.Relatively expanded protection has been granted to trademarks that are identical or similar to well-known trademarks applied for on different or dissimilar goods. Applications for registration of trademarks that are identical or similar to well-known trademarks are rejected. Law enforcement agencies that have actually used them also invoke relevant laws to protect them.

According to relevant regulations, the People’s Court is hearing trademark disputes In a case, 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. When identifying a well-known trademark, the following factors are considered: the degree of awareness of the trademark by the relevant public; the duration of use of the trademark; the duration, extent and geographical scope of any publicity work for the trademark; and the record of the trademark being protected as a well-known trademark ;Other factors that make the trademark famous.

Copying, imitating, or translating well-known trademarks registered by others Or if its main part is used as a trademark on different or dissimilar goods, misleading the public and causing the interests of the well-known trademark registrant to be harmed, the people's court may hold him responsible for infringement. This is special protection for registered well-known trademarks.

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