What is the geographical scope and protection scope of well-known trademarks?

Well-known trademarks themselves embody commercial value and have extraordinary ability to earn foreign exchange. However, well-known trademarks are also more susceptible to infringements such as counterfeiting and unfair competition. Therefore, my country’s trademark law has certain particularities in protecting well-known trademarks. What is the geographical scope and scope of protection of well-known trademarks? Regarding this question, the editor of Legal Savior Network has compiled relevant information and will answer it for you below.

What is the geographical scope and protection scope of well-known trademarks

1. Geographical scope

The geographical scope of well-known trademarks is limited to "China".

2. Scope of protection of well-known trademarks

Once a trademark is recognized as well-known, it should be given special protection. This "special" means that the trademark has been protected by an expanded scope. Countries generally extend protection of well-known trademarks by confirming their trademark exclusive rights. It is mainly divided into two types: relative protection and absolute protection. The relative protection of well-known trademarks refers to the protection of the exclusive right of well-known trademarks within the scope of similar goods. The absolute protection of well-known trademarks means that the use of other people’s well-known trademarks on any goods is prohibited.

The scope of protection of well-known trademarks in my countryWhether absolute protection or relative protection is implemented, according to the provisions of Article 14 of the Trademark Law, there are two situations:

(1) Relative protection. The conditions for relative protection are: first, it is not registered in China; second, it is likely to cause confusion; third, it is applicable to the same or similar goods; fourth, the form of expression is copying, imitation or translation. That is, “if a trademark applied for registration for 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 its use is prohibited.” Although the protection of well-known trademarks is limited to identical or similar goods, Similar products, but compared to the general unregistered non-well-known trademarks, it is already considered a special protection. In other words, my country implements non-cross-class protection for unregistered well-known trademarks.

(2) Absolute protection. The conditions for absolute protection are: first, it has been registered in China; second, it misleads the public; third, it is applied to goods that are not identical or similar; fourth, the form of expression is copying, imitation or translation; fifth, it is likely to cause the well-known trademark registrant to interests are harmed. That is to say, “If 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, misleading the public, and causing the interests of the well-known trademark registrant to be harmed, registration will not be allowed and prohibited. Use

Use." That is to say, for those who have already For registered well-known trademarks, cross-class protection is implemented.

It can be seen that although my country’s well-known trademarks include registered and unregistered trademarks, Registered, but they are different in terms of protection. Registered has greater protection than unregistered.

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