There are several modes of protection for well-known trademarks
Yes There are two main modesof trademark protection: relative protectionism and absolute protectionism.
The former refers to prohibiting others from registering or using the same or similar trademark in the same or similar industry as the trademark owner. The use of identical or similar trademarks on non-similar goods is allowed. The Paris Convention adopts relative protectionism.
The latter refers to prohibiting others from registering and using the same well-known trademark in any industry, including industries that are different or not similar to the well-known trademark. or similar trademarks, the TRIPS Agreement adopts expansionary absolute protectionism.
In the simple economic form, due to the specific trademark The product pointed to is relatively single, so the connection between the trademark and the specific product is relatively close. With the development of society, a valuable and well-known trademark has been increasingly applied to different types of goods, and these goods may be completely different in category attributes, thus creating a conflict between the trademark and the product category. Weakening and relative separation of trademarks from producers of goods. If a well-known trademark is not protected across categories and is allowed to be registered by others, even if the goods are obviously different, the public will still establish a connection between the new product and the reputable well-known trademark owner and think that the product may be the new product of the well-known trademark owner. , or there is some legal, organizational or business connection between the product and the well-known trademark owner, which causes consumers to make mistaken purchases. Today, with the rapid development of commodities, relative protectionism can no longer fully protect the interests of the public and the owners of well-known trademarks.
In view of this, in order to effectively prevent the reputation, identification, distinctive features and advertising value of well-known trademarks from being damaged by improper use, many countries have implemented the absolute protectionism, that is, prohibiting the use of identical or well-known trademarks on any goodsSimilar trademarks.
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