1. What are the protection measures for well-known trademarks
Compared with ordinary trademarks , due to the originality and distinctiveness of well-known trademarks, they can obtain varying degrees of cross-class protection. The main manifestations are:
1. Malicious registration by others , well-known trademarks can be contested.
2. Without permission, other companies are not allowed to register the well-known trademark as a domain name and the well-known trademark as a company name.
3. When a well-known trademark is registered or infringed abroad, the enterprise where the well-known trademark is located can file an application for cancellation or protection with the relevant competent authority.
4. Legal basis:
Article 13 of the Trademark Law of the People's Republic of China It stipulates that if the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.
If 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, and is likely to cause confusion, it will not be registered and the trademark will not be registered. Use prohibited.
2. What are the conditions for well-known trademark application
1. The trademark must be nationwide Domestic valid registered trademarks owned by legally established enterprises, institutions and individual industrial and commercial individuals and recognized as trademarksfamous trademark;
2. The registration and actual use of the trademark must be more than three years (inclusive);
3. This trademark has a high reputation and is deeply loved by consumers (users);
4. Sales of goods using this trademark Large volume, wide sales area, and high market share;
5. The goods or services using the trademark are of excellent quality, and consumers (users) complain about them The rate is low and the after-sales service is good;
6. The main economic indicators of the goods or services using the trademark in the past three years (annual sales volume, sales or operating income, Net profit, tax) among the best in the same industry in the province;
7. The trademark's advertising coverage is wide and covers a large area;
8. The owner of the trademark has strong trademark awareness, has a complete trademark management organization and management system, and attaches great importance to the use, management and protection of trademarks;
9. In the past three years, the trademark owner has not infringed upon the exclusive rights of others to register trademarks when actually using the trademark;
10. If the goods approved for use by the trademark are export goods, the trademark should be registered in the relevant country (region) and have a wider sales area.
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