What protection does my country have for well-known trademarks?

Well-known trademark is a proprietary legal concept, which refers to a trademark that enjoys a high reputation in the market, is well-known to the relevant public, and has strong competitiveness. What protection does my country have for well-known trademarks? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What protection does our country have for well-known trademarks

my country’s legislation on the protection of well-known trademarks is relatively late. The Interim Provisions' extended protection for well-known trademarks is mainly reflected in three aspects:

1. Improper registration is prohibited. If you apply to register a trademark that is identical or similar to someone else's well-known trademark on non-similar goods and may harm the rights and interests of the well-known trademark registrant, the Trademark Office may reject the registration application. If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board to cancel it.

2. Improper use is prohibited. If a trademark that is identical or similar to another's well-known trademark is used on non-similar goods, and it 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 shall You can request the industrial and commercial administrative authorities to stop it.

3. Use as a trade name is prohibited. From the date of recognition of a 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 register it; if it has been registered, the well-known trademark registrant Cancellation can be requested. Article 13 of my country’s revised Trademark Law extends the protection of well-known trademarks to non-similar trademarks.Regarding goods or services, the expanded protection of well-known trademarks has been formally established in legislation.

Article 13 of the Trademark Law: If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.

A trademark applied for registration on the same or similar goods is a copy , imitate or translate other people's well-known trademarks that have not been registered in China and are likely to cause confusion, they will not be registered and their use will be prohibited.

Applying for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark registered in China, which misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 14 Well-known trademarks shall be registered at the request of the parties , as facts that need to be identified in handling trademark cases. The following factors should be considered when determining a well-known trademark:

(1) The relevant public’s awareness of the trademark;

(二)The duration of use of the trademark;

(3) ShouldThe duration, extent and geographical scope of any publicity efforts for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

Examine trademarks in trademark registration and industrial and commercial administration departments During the course of an illegal case, if a party claims 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 handling trademark disputes, the parties shall comply with this law Article 13 stipulates that if rights are claimed, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil and administrative cases, the parties If rights are claimed in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.

Producers and operators shall not use the words "well-known trademark" Used on goods, product packaging or containers, or used in advertising, exhibitions and other commercial activities.

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