1. Do unregistered well-known trademarks have trademark rights?
Unregistered well-known trademarks can also be recognized as trademark rights in my country.
According to the current Trademark Law, for those well-known trademarks that have not completed the trademark registration process Brands, goods of the same type or similar categories shall not be infringed. Violators will never be able to use such trademarks again. In view of this, we can know that in some special occasions, those unregistered well-known trademarks can still be used. The main reason is that in past practical cases, for unregistered trademarks such as "Little Sheep" and "Sour Yogurt", courts at all levels and the Trademark Review and Adjudication Board have confirmed that they should enjoy Legal status and corresponding rights and interests.
Take the "Little Sheep" trademark as an example. As early as 2004, the trademark had It was determined to be a well-known trademark by the Trademark Office of the State Administration for Industry and Commerce of my country; and another year later in 2006, the local court made the same judgment without hesitation. This determination statement made by the people undoubtedly shows that Even if a trademark is not yet registered, as long as it has reached the standard of notoriety, it is still eligible for full protection and protection.
Article 13 of the Trademark Law When someone believes that his or her rights have been infringed upon, he or she may apply forSeeking protection for well-known trademarks.
The trademark applied for registration on the same or similar goods is a copy, imitation or translation of another person’s trademark. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.
A trademark applied for registration on different or dissimilar goods is a copy, imitation or If you translate someone else's well-known trademark that has been registered in China, mislead the public, and cause the interests of the registrant of the well-known trademark to be harmed, registration will not be granted and use will be prohibited.
2. Can individuals register trademarks
Natural persons are eligible to apply Trademark registration.
The following necessary conditions must be met before performing relevant operations: First, as The applicant for self-employment needs to provide the original copy of his or her valid identity certificate and a copy of the business license; secondly, if it belongs to the type of rural contract operator, the household registration information of the signatory and the valid contract contract should be submitted to the application department; thirdly, all The categories of goods and services applied for shall not exceed the scope of the business field approved in the business license or relevant registration certificate.
The relevant materials required for individuals to apply for trademark registration are listed below: First, The applicant's valid identity document and the registration documents issued by the relevant government authorities must be presented in photocopy form; second, the trademark registration application form must be filled in in detail, and the applicant must personally sign and confirm in the designated position on the form; Third, submit up to six copies of the black and white trademark pattern, each copy must be clear and flawless, and the size should be controlled between five by five centimeters and ten by ten centimeters; fourth, self-employed merchantsThe name in the "Business License for Individual Industrial and Commercial Households" can be used as a registered trademark; fifth, when a natural person applies for trademark registration, the types of goods and services that can be applied for can be the business scope approved in the business license or other relevant registration documents. Or it may be limited to its own agricultural and sideline products.
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