What are the legal protection terms for well-known trademarks in my country?

Well-known trademarks refer to trademarks that are widely known to the relevant public and enjoy a high reputation. The protection of well-known trademarks has always been a focus of academic circles in my country. What provisions do my country's well-known trademarks enjoy legal protection? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What are the legal protection provisions for well-known trademarks in my country

Article 13 of the Trademark Law is well known to the relevant public If the holder of a trademark believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this Law.

The trademark applied for registration on the same or similar goods is Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.

Apply for registration of different or dissimilar goods If a trademark 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.

Article 14 of the Trademark Law: Well-known trademarks shall be recognized as facts that need to be determined in handling trademark cases at the request of the parties. The following factors should be considered when determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any promotional efforts for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if a party claims rights in accordance with the provisions of Article 13 of this Law, The Trademark Office may determine the well-known status of a trademark based on the needs of examining and handling cases.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil and administrative cases, the parties shall, in accordance with Article 1 of this Law, Article 13 stipulates that if rights are claimed, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.

Producers and operators shall not use the words "well-known trademark" on goods, product packaging or containers , or used in advertising, exhibitions and other commercial activities.

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