Period of use of well-known trademarks
Article 39 of my country’s Trademark Law stipulates: “The validity period of a registered trademark is 10 years , calculated from the date of registration approval." Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.
Ordinary trademarks can only be protected by law in the categories of goods or services that are approved for registration, and enjoy exclusive rights to trademarks; while well-known trademarks are protected by their originality and distinctiveness. Different levels of cross-class protection; the protection of well-known trademarks is not only limited to identical or similar goods or services, but when applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are Granted relatively broad exclusive rights.
Factors that should be considered in the determination of well-known trademarks
(1) The degree of awareness of the trademark by the relevant public ;
(2) The duration of use of the trademark;
(3) Any use of the trademark The duration, extent and geographical scope of the publicity work;
(4) Records that the trademark is protected as a well-known trademark;
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