How does the law provide for the protection of well-known trademarks
1. Well-known trademark button Principle of need for protection
Well-known trademark press The principle of need for protection means that under normal circumstances, if the trademark registered by the trademark registrant on the same or similar goods is enough to obtain the same level of protection as a well-known trademark, there is no need to provide the trademark owner with the protection of a well-known trademark. As for what constitutes the same level of protection, at least two aspects need to be considered: cessation of infringement and compensation for losses.
If the trademark registrant sells the same or similar goods A registered trademark can only prevent the occurrence of infringement, but cannot obtain compensation for economic losses. At this time, it should be determined that a trademark registered on the same or similar goods cannot obtain the same level of protection as a well-known trademark, and the principle of on-demand recognition should be followed. , it is necessary to provide trademark registrants with well-known trademark protection.
2. Well-known trademark dilution protection rules
Normally, the owner of a well-known trademark can obtain anti-dilution only if the following conditions are met: Protection, that is: if the relevant public of the accused goods will think of the plaintiff’s well-known trademark when seeing the trademark used in the goods, but can realize that the accused goods are not provided by the plaintiff or have a specific connection with it, then the well-known trademark Trademarks can receive anti-dilution protection.
The above recognition conditions are set because The value of a well-known trademark largely stems from its "unique correspondence" between a "well-known trademark" and its "owner" on "specific goods or services", and the purpose of anti-dilution protection is also to make this unique Correspondence is protected from destruction. Because generally speaking, if the relevant public of the accused trademark can think of the earlier well-known trademark when seeing the accused trademark, but can realize that the two are not provided by the same entity or have no specific connection, then the In the long run, this situation will cause the relevant public to be unable to naturally associate the trademark with the well-known trademark owner when they see a trademark that is the same as or similar to a well-known trademark, thereby destroying the unique correspondence relationship of a well-known trademark. , resulting in the possibility of dilution.
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