What are the problems in the protection of well-known trademarks
The scope of protection is unclear. Regarding the scope of protection, countries mainly adopt "relative protectionism" " and "absolute protectionism". The provisions of the Paris Convention indicate that only when a trademark is identical or similar to a well-known trademark and the goods indicated are also the same or similar, member states will not register it. That is, the special protection for well-known trademarks is limited to "similar" goods. It is the so-called "relative protectionism". Countries that adopt this approach include France, Germany, Italy, Switzerland and other countries. However, due to the narrow protection scope of "relative protectionism", well-known trademarks cannot be protected when used on dissimilar products that affect the reputation of the goods they represent.
Article 13 of the Trademark Law is relevant If the holder of a trademark that is well known to the public believes that its rights have been infringed upon, he 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 The trademark is a copy or imitationIf the translator misleads the public by translating someone else's well-known trademark that has been registered in China, thereby causing the interests of the registrant of the well-known trademark to be harmed, registration will not be granted and use will be prohibited.
"Trademark Law"Article 14 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 relevant public’s awareness of the trademark;
(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) 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 administration departments, the parties concerned claim in accordance with the provisions of Article 13 of this Law If the trademark has the right, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
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 concerned shall comply with Article 13 of this Law 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 for advertising or exhibitions and other business activities.
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