What is the legal meaning of a well-known trademark
Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services indicated by the trademark, other operators who produce the goods or provide services indicated by the trademark, as well as sellers and related personnel involved in the distribution channels.
In accordance with international and domestic intellectual property laws and regulations, it is well-known The trademark system was created to fully protect the legitimate rights and interests of well-known trademark owners. Its purpose is to reasonably protect relevant trademark ownership, maintain fair competition, and prevent infringement of other people's trademark exclusive rights.
Well-known trademarks can bring huge economic benefits to enterprises , is helpful for enterprises to consolidate their position in the market economy and combat a series of problems such as malicious registration and the impact of similar trademarks on different products. Therefore, Chinese enterprises have applied to recognize their trademarks as well-known trademarks.
The so-called well-known trademarks are relatively As far as infringement disputes are concerned, the effectiveness of being protected as a well-known trademark also has a certain scope and intensity. Being recognized as a well-known trademark in this dispute does not mean that it also enjoys the rights of a well-known trademark in other infringement disputes. Treatment. It does not mean special protection at any time and within the scope.
At present, China implements a dual-track system that can be recognized by both the administrative authorities and the people's courts, but it must be based on an application or request by the party concerned, and the application or request must be based on the damage to relevant rights and interests. Well-known The protection of trademarks is also different from that of ordinary trademarks which are limited to identical or similar goods. Well-known trademarks adopt cross-class protection. As long as it is recognized as a well-known trademark, other companies are not allowed to use the well-known trademark in any of their products.
Administrative recognition: For a long time, most of China’s well-known trademarks have been approved by the State Administration for Industry and Commerce (Trademark The well-known trademarks recognized by the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board) account for a larger proportion than those recognized by the People's Court. When disputes arise during the trademark registration, use and review process, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board At the request of the party concerned, it can be determined based on specific facts whether its trademark constitutes a well-known trademark.
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