What are the effects of protecting well-known trademarks
The free-riding phenomenon in the protection effect of well-known trademarks is more concealed and harmful What’s more, it fundamentally harms the legitimate exercise of trademark rights by other market entities by rejecting competition rules. This is particularly evident in the protection requirements and behaviors of some unscrupulous foreign companies for their intellectual property rights. In the field of trademark protection, for some foreign enterprises, given that the external positive effects brought about by the scope and intensity of protection of well-known trademarks in my country are so huge, full use of this external positive effect can completely achieve their market exclusivity. Therefore, some unscrupulous foreign companies often deliberately confuse the difference between their common trademarks and well-known trademarks, or ignore the territorial principle of trademark protection and strive in various ways to obtain external benefits that are not commensurate with the essence of their trademarks and can only be enjoyed by well-known trademarks. Judging from the trend in recent years, this phenomenon has gained momentum in developing countries, including my country, that are eager to integrate with international game rules. Market competitors in developing countries are faced with being defeated at the starting line from the legal system level. of great danger.
It does not constitute a well-known trademark in itself without being recognized by the Trademark Office of the State Administration for Industry and Commerce in accordance with the procedures, and it has only been officially registered in China for one year. It does not possess the qualifications in terms of form or content. Legal requirements for well-known trademarks. The misunderstandings in the judgment of the Trademark Office of the State Administration for Industry and Commerce are that, first, it equates world-renowned companies with the well-knownness of trademarks, and second, it clearly recognizes the voluntary changes of registered trademarks of world-renowned companies.
Obviously, the well-knownness of a company does not mean the well-knownness of a trademark. It is true that many world-renowned companies have well-known trademarks, but after all, there cannot be an inevitable equation between well-known companies and well-known trademarks. This is legal common sense, but for many developing countries, especially those that are about to join the WTO, For our country, we have long been superstitious about world-renowned companies and have a strong desire for investment from foreign industrial and commercial circles. This mentality often leads to an irrational and natural recognition of the reputation of its trademarks. World-renowned companies often also take advantage of developing countries. This kind of blind obedience mentality intentionally and even deliberately expands the scope of protection of its trademark rights, and often regards itself as a well-known trademark in order to obtain a considerable degree of legal protection, thereby excluding other market entities from exercising their legitimate rights, in order to seize unfair, Unequal exclusive interests.
Use a registered trademark and change the text of the registered trademark yourself , graphics or combinations thereof, the Trademark Office shall order it to correct or cancel the registered trademark within a time limit. Therefore, if the above-mentioned behavior of the French company is recognized and protected by the Trademark Office, it will undoubtedly be a tacit approval of its unauthorized expansion of the use of the registered trademark, and also a tacit approval of the French company's disguised behavior of changing the wording of its registered trademark on its own. This approach is obviously Contrary to existing law. Since the French company's registered trademark "Christian Dior" is still not a well-known trademark recognized by the Trademark Office of the State Administration for Industry and Commerce, it certainly does not deserve the substantial increase in protection that can only be enjoyed by well-known trademarks that are inconsistent with its identity. However, due to certain misunderstandings in understanding and system regulations, French companies have achieved this free-riding behavior that is clearly part of the protection effect of well-known trademarks.
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