1. The concept of well-known trademarks Currently, there are many concepts of well-known trademarks. There are legal definitions and scholarly opinions. Although the definitions are expressed differently, everyone has basically reached a consensus on the basic contents that should be included in the definition of well-known trademarks.
First of all, a well-known trademark is a well-known trademark, that is, it has a high or high reputation. This is mainly proved through some supporting materials, such as public awareness, the scope and intensity of advertising, the time of trademark use, etc. The Paris Convention for the Protection of Industrial Property stipulates that member states shall undertake the obligation to extend protection for well-known trademarks. Secondly, well-known in a well-known trademark does not mean that it is recognized by everyone or has a high reputation among all members of the public, but that it is well-known among relevant consumers.
2. The emergence and changes of international legislation Article 6, item 2, of the Paris Convention for the Protection of Industrial Property revised in 1925 is the formal implementation of the well-known trademark protection system in law established mark. The Convention stipulates that for a logo recognized as a well-known trademark by an industrial member country, others may not preemptively register it; others are prohibited from using commercial logos that are identical or similar to the well-known trademark. These provisions on the special protection of well-known trademarks are the basis and main content of the protection of well-known trademarks in most countries and multilateral and bilateral treaties between countries so far. However, the Paris Convention does not extend the special protection of well-known trademarks to service marks. 1 Since then, the Convention has been revised several times, and the provisions on the protection of well-known trademarks have been continuously improved. However, generally speaking, the provisions of the Convention on the protection of well-known trademarks are very principled and lack certain operability.
The signing of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights has made the relevant provisions of the Paris Convention initially operational. 2 The Agreement goes one step further than the Paris Convention: first, it declares that the special protection of the Paris Convention extends to well-known service marks; second, it extends the scope of protection of well-known trademarks to prohibit the use of well-known trademarks on non-similar goods or services. Well-known trademarks are identical or similar signs; thirdly, simple and principled provisions are also made on how to identify well-known trademarks. 3 In addition, many regional international intellectual property treaties also provide for the protection of well-known trademarks. The World Intellectual Property Organization also continues to conduct research on the protection of well-known trademarks and holds special meetings. The International Bureau of the organization has submitted several "Draft Articles" and "Joint Resolutions" on the protection of well-known trademarks to the Paris Alliance for the Protection of Industrial Property and the World Intellectual Property Congress, regarding the identification of well-known trademarks, the scope of protection of well-known trademarks, and The situation of well-known trademark conflicts and the protection of domain names and well-known trademarks have been madespecific regulations. These documents are of great significance to the continuous improvement of well-known trademark legislation and the further strengthening of well-known trademark protection. They are especially of extremely important reference value for the establishment and improvement of my country's well-known trademark legal system.
3. Legislation and practice of protection of well-known trademarks in my country my country’s Trademark Law and its Implementing Rules do not make legal provisions on the protection system for well-known trademarks. The main content of my country's well-known trademark system is currently only an administrative departmental regulation issued by the State Administration for Industry and Commerce, the "Interim Provisions on the Recognition and Management of Well-known Trademarks." This regulation provides basic provisions on the definition, recognition, special protection, etc. of well-known trademarks. From the promulgation and implementation of the interim regulations to the present, the Trademark Office has repeatedly recognized well-known trademarks and launched many well-known trademark protection actions nationwide, laying the foundation for the establishment and improvement of my country's well-known trademark legal system.
As my country's trademark authority, the Trademark Office of the State Administration for Industry and Commerce, in accordance with the "Three Decisions" plan of the State Administration for Industry and Commerce approved by the State Council and August 14, 1996 According to the "Interim Provisions on the Identification and Management of Well-known Trademarks" issued by the State Administration for Industry and Commerce of Japan, the well-known trademark identification and management authority is the Trademark Office of the State Administration for Industry and Commerce. No other organization or individual may identify or adopt other disguised methods to identify well-known trademarks.
According to the "Interim Provisions on the Recognition and Management of Well-known Trademarks" issued by the State Administration for Industry and Commerce Order No. 56 on August 14, 1996, well-known trademarks refer to trademarks that have A registered trademark that enjoys a high reputation and is well-known to the public. This is the only legal definition of a well-known trademark that appears in my country's trademark laws and regulations. According to the requirements of the "Interim Provisions on the Recognition and Management of Well-Known Trademarks", my country's well-known trademarks should meet three conditions: first, they must enjoy a high reputation in the market; second, they must be well-known to the relevant public; and third, they must be registered trademarks. This point is different from foreign legislation.
In order to ensure the authority and seriousness of the recognition of well-known trademarks, the "Interim Provisions on the Recognition and Management of Well-known Trademarks" requires that trademarks that have not been recognized by the Trademark Office of the State Administration for Industry and Commerce , shall not be called a "well-known trademark". Anyone who falsely claims a well-known trademark and deceives the public shall be ordered to make corrections and fined by the industrial and commercial administration authority at the place of conduct. If there is no illegal income, a fine of not less than 500 yuan but not more than 10,000 yuan may be imposed; if there is illegal income, a fine of not less than 2,000 yuan but not more than 30,000 yuan may be imposed.
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