How does the law stipulate the scope of protection for well-known trademarks
(1) Others are prohibited from copying, imitating or By translation, apply for registration of the same trademark as a well-known trademark not registered in China on the same or similar goods to avoid confusion;
(2) It is prohibited for others to apply for registration and actual use of different or dissimilar goods in the form of copying, imitation or translation that have been registered in China trademarks that are identical to well-known trademarks, so as not to mislead the public and harm the interests of well-known trademark registrants;
(3) It is prohibited for others to use the same trademark as a well-known trademark registered in China on different or similar goods in the form of an unregistered trademark, so as not to mislead the public and make the well-known trademark The interests of the registrant are harmed;
However, the scope of protection of the above three articles is limited based on the degree of "easily causing confusion" and "misleading the public". A well-known trademark that has strong originality, high degree of fame, and a long time of being famous, and is used on daily life materials, will have a wider scope of protected goods; a well-known trademark with poor distinctiveness, a short time of being famous, and is used on production materials, will have a wider scope of protection. in JapanIf daily necessities are not "likely to cause confusion" and are not suitable to "mislead the public", the scope of protected goods will be narrow. Only related products among non-similar products are protected, and irrelevant products are not protected.
(4) Prohibit others from using well-known trademarks as corporate Register and use the name to avoid deceiving and causing misunderstanding to the public and damaging the legitimate rights and interests of the well-known trademark registrant;
(5) It is forbidden for others to register the text part of a well-known trademark as an Internet domain name, so as not to affect the well-known trademark's development of the online market.
Hua Lu editor reminds you that being famous does not mean Known by everyone or having a high reputation among all members of the public, it just means that it is well-known among relevant consumers, that is, it does not have to be "widely known". The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you still have questions, welcome to Hualu Lawyers for consultation.