What is the essence of a well-known trademark
The essence of a well-known trademark is the competent authority of a country (including administrative, judicial or Since the legal confirmation of the objective fact that a trademark is well-known by the judicial authorities (10) is an objective fact, there are issues of time and space. The "case-by-case protection, passive identification" model established by my country's current legal protection system for well-known trademarks can well solve the time issue of well-known trademarks.
(1) Whether the trademark is famous in only one region Whether a nationally well-known trademark must be well-known within the country - this issue was once the focus of China's intellectual property negotiations on joining the WTO.
(2) The trademark’s well-known territory is limited to one part of the country Region or all regions, a well-known trademark refers to a trademark that is widely known to the relevant public in China. "In China" can be understood in two ways. One refers to the whole of China, that is, by the relevant public in 32 provinces, municipalities and autonomous regions across the country. Widely known, and the other is a certain area in China. As long as it is widely known by the relevant public in a certain area of China, it is enough to be considered well-known. There is no detailed explanation of what the meaning is.
Third, it meets the needs of enterprise product marketing, It is conducive to the development of enterprises. Our country has a vast territory.If a product wants to occupy the national market, it needs to invest a lot of manpower, material and financial resources, and it also needs to bear greater risks. On the one hand, companies want to promote their products, and on the other hand, they have to solve problems such as lack of funds and risk avoidance. Therefore, in the early stages of product promotion, they often focus on occupying the market in a certain region and then gradually occupy the national market. In the process of marketing, the trademark is well-known in some areas of the country, but unknown in other areas. If the well-known trademark is not given special protection, it will be very detrimental to the future development of the enterprise and hinder the cultivation of national brands. To sum up, a well-known trademark is not necessarily a "well-known trademark in China". It can be a trademark that is well-known in foreign countries or a well-known local trademark. In the description of the well-known trademark, the competent authority should add regional modifiers such as "within a certain province (autonomous region, city, county, etc.)" in front of the well-known trademark, so as to solve the regional problem of the well-known trademark on the one hand, and on the other hand, On the one hand, it adapts to the characteristics of my country's administrative divisions and the actual situation of enterprise economic activities.
"Trademark Law"
Article 13 A trademark that is well known to the relevant public, the holder believes When its rights are infringed, it 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.
Apply for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be 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.
Investigated and dealt with by the trademark registration review and industrial and commercial administration departments During the course of a trademark violation case, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
In the process of trademark dispute settlement, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board According to the needs of handling the case, the well-known status of the trademark 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 people's court designated by the Supreme People's Court shall According to the needs of the case, the well-known status of the trademark can be determined.
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.
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