1. Criteria for Well-known Trademark Recognition
Article 14 of the Trademark Law stipulates: “The following factors should be considered in 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 publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Others for which the trademark is well-known Factors.
2. The scope of protection of well-known trademarks under the Trademark Law includes:
(1) Unregistered well-known trademarks. Paragraph 1 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Trademarks that are likely to cause confusion will not be registered and are prohibited from use. It can be seen that unregistered well-known trademarks enjoy exclusive rights similar to ordinary registered trademarks.
(2) Registered well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing If the interests of the registrant of the well-known trademark may be harmed, the registration shall not be granted and the use shall be prohibited. It can be seen that in addition to the exclusive rights of the trademark arising from trademark registration in accordance with the law, the registrant of a well-known trademark also has the right to prohibit others from using the trademark within a certain range. Register or use its well-known trademark on non-similar goods, and even have the right to prohibit others from using its well-known trademark as part of the company name. Specifically, expanded protection is mainly reflected in the following three aspects:
1. If you apply for registration of a trademark that is the same as or similar to someone else's well-known trademark on non-similar goods, and may damage the rights and interests of the well-known trademark registrant, it will be rejected by the Trademark Office of the State Administration for Industry and Commerce. If the applicant is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review; if it has been registered, the well-known trademark registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it within five years from the date of registration. , but there is no time limit for malicious registration.
2. Use a trademark that is the same as or similar to someone else's well-known trademark on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant , which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the industrial and commercial administrative agency to stop it within two years from the date it knows or should know.
3. From the date of recognition of a well-known trademark, others will use words that are identical or similar to the well-known trademark as part of the company name, which may cause public misunderstanding. If the trademark is already registered, the well-known trademark registrant may request the industry and commerce administration to cancel it within two years from the date of knowing or should have known about it.
Through the editor's introduction, I believe everyone has a certain understanding of this issue. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. Welcome You consult with a lawyer on this website.
