1. What are the principles of trademark protection?
1. Principles of registration. Registration is a process of confirming the ownership of exclusive rights to a trademark. First to apply principle. The first-to-file principle is one of the important procedural principles derived from the registration principle. Principle of good faith. The principle of good faith is a basic principle in the field of civil law. "Civil activities should follow the principle of good faith."
2. Legal basis:
Article 56 of the Trademark Law of the People's Republic of China stipulates that the exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.
Article 58 of the Trademark Law of the People's Republic of China, using someone else's registered trademark or unregistered well-known trademark as a business name misleads the public , if it constitutes unfair competition, it will be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Article 60 of the "Trademark Law of the People's Republic of China", any act that infringes on the exclusive right to use a registered trademark as listed in Article 57 of this Law causes disputes If the dispute is resolved through negotiation, the parties concerned shall negotiate; if they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
2. What are the protection principles for well-known trademarks
1. The protection principles for well-known trademarks are generally divided into relative protectionism and absolute protectionism. Two kinds. The principle of relativistic protection means that others are prohibited from registering a trademark that is identical or similar to a well-known trademark on the same or similar goods as the trademark owner.The Paris Convention adopts the principle of relative protection when registering or using the Paris Convention; the principle of absolutist protection means that others are prohibited from registering or using trademarks that are identical or similar to well-known trademarks on any goods, including goods that are different or dissimilar to well-known trademarks. The agreement adopts the principle of absolute protectionism.
2. The condition for absolute protection of a trader is that the trademark used on different or dissimilar goods is likely to imply some connection with the well-known trademark. As a result, the interests of the owner of the registered trademark may be harmed.
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