What does the protection of unregistered and registered well-known trademarks include?

With the development of my country's market economy and the development of the trademark industry, some of my country's well-known trademarks have been repeatedly counterfeited in the domestic market. What does the protection of unregistered and registered well-known trademarks include? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What does the protection of unregistered and registered well-known trademarks include

"Trademark Law" on well-known trademarks The special protection includes:

1. Unregistered Well-known trademark.

Article 13 of the Trademark Law stipulates that One provision stipulates that if a trademark applied for registration for identical 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 shall not be registered and its use shall be prohibited. It can be seen that unregistered well-known trademarks enjoy exclusive rights similar to ordinary registered trademarks.

2. Registered well-known trademarks.

Article 13 of the Trademark Law stipulates that Paragraph 2 stipulates that a 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 trademark toIf the interests of the registrant of a famous trademark may be harmed, the trademark shall not be registered and its use shall be prohibited. It can be seen that the registrant of a well-known trademark has the right to prohibit others from registering or using the well-known trademark on a certain range of non-similar goods, and even has the right to prohibit others from using the trademark as a well-known trademark. Trademarks are used as part of a business name. Specifically, the expanded protection is mainly reflected in the following three aspects:

(1) If a trademark that is identical or similar to someone else’s well-known trademark is applied for registration on non-similar goods and may harm the rights and interests of the well-known trademark registrant, the Trademark Office of the State Administration for Industry and Commerce shall reject the registration application; application If the person is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination; if it has been registered, the well-known trademark registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it from the date of registration. However, registration in bad faith shall not Subject to time constraints.

(2) Use the same trademark as another’s well-known trademark or If a similar trademark is used on non-similar goods and will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may know or should know about it. Within days, request the industrial and commercial administrative authorities to stop it.

(3) From the date of recognition of the well-known trademark , if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administrative authorities will not approve the registration; if it has been registered, the registrant of the well-known trademark may know or should know From that date, request the industrial and commercial administrative authorities to revoke it.

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