What is the protection of well-known trademarks in my country?

China's well-known trademarks refer to trademarks that have been recognized as "well-known trademarks" by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures. So what is the protection of well-known trademarks in my country? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the protection of well-known trademarks in China?

Trademark Law "Article 13 stipulates: "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 will be prohibited. It will not be the same or inconsistent. If a trademark applied for registration for similar 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, it will not be registered and its use will be prohibited."

The following points can be seen from this:

First, well-known trademarks are divided into two categories, namely " Well-known trademarks not registered in China” and “well-known trademarks registered in China”.

Second, there are two ways to protect well-known trademarks. One is "Registration not allowed" and secondly "use prohibited".

Third, a well-known trademark protected by the above two forms should meet the following prerequisites: First, the well-known trademark has been applied for by others in the form of copying, imitation or translation. Registered trademark or use; secondly, the above-mentioned use is likely to cause confusion or mislead the public, causing the interests of well-known trademark holders to be harmed.

Fourth, the above two forms of protection, for "well-known trademarks not registered in China", are only applicable to the same or similar goods; For "well-known trademarks registered in China", this applies even to goods or services that are not identical or similar.

Fifth, China's protection of trademarks is based on the principle of registration. Therefore, without registration, you will not obtain the exclusive right, that is, you will not obtain the trademark used by the national law. Confirmation of ownership is not protected by law, with the exception of well-known trademarks. Even "well-known trademarks not registered in China" also receive special protection by law;

Ordinary registered trademarks can only enjoy exclusive rights on the same or similar goods or services for which they are registered, while "well-known trademarks registered in China" not only enjoy the exclusive rights on the same or similar goods or services, but Enjoy exclusive rights on similar goods or services, and also enjoy legal protection on dissimilar or dissimilar goods or services. It can be seen that well-known trademarks receive far stronger legal protection than ordinary trademarks.

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