How is the scope of protection of well-known trademarks determined?

A well-known trademark is a trademark that enjoys a high reputation in the relevant public domain. Through the recognition of a well-known trademark, the exclusive right of a well-known trademark can be extended to different categories of goods or services. In other words, if your trademark is recognized as a well-known trademark, Others cannot use it even on different categories of goods or services. How is the protection scope of a well-known trademark determined? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

How is the scope of protection of well-known trademarks determined

The protection scope of well-known trademarks includes the following:

1. The trademark applied for registration on the same or similar goods is a copy or imitation Or if the translation of someone else's well-known trademark that has not been registered in China is likely to cause confusion, it will not be registered and its use will be prohibited.

2. Different or similar products If the trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.

3. If a registered trademark violates the relevant provisions of the Trademark Law, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

4. If the use of a trademark violates the provisions of Article 13 of the Trademark Law, the relevant parties may request the industrial and commercial administration department to prohibit the use. Upon approval by the Trademark Office in accordance with the If a well-known trademark is determined to be a well-known trademark in accordance with the provisions of Article 14 of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law, confiscate and destroy its trademark logo; the trademark logo shall be difficult to distinguish from the goods. Those that are separated shall be collected and destroyed together.

5 If the owner of a well-known trademark believes that others have registered his or her well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may apply to the competent authority for business name registration to cancel the registration of the business name. The competent authority for business name registration shall comply with the "Business Name Registration Registration Management Regulations".

6. Others If a domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, the registration and use of the domain name shall be deemed to constitute infringement or unfair competition:

The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complicated, the Legal Savior Network also provides online consultation with lawyers. Services, you are welcome to provide legal consultation.