What are the protection measures for well-known trademarks in our country
(1) Use a trademark that is identical or similar to another’s well-known trademark If an application is made for registration on non-similar goods that may harm the rights and interests of the registrant of a well-known trademark, thus causing the adverse effects mentioned in Article 8(9) of the Trademark Law, the Trademark Office of the State Administration for Industry and Commerce shall reject the registration application; If the person is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination; if the trademark has been registered, within 5 years from the date of registration, the well-known trademark registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it. However, if the trademark is registered in bad faith, No time limit.
(2) Will be identical or similar to other people’s well-known trademarks If a trademark is used on non-similar goods and 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 start from the date when he knows or should know Within the prescribed time limit, request the industrial and commercial administrative authorities to stop it.
It can be seen from the above that the prohibition rights of well-known trademark registrants The scope can be expanded to include non-similar goods. For those who violate the above provisions, the industrial and commercial administrative authorities at the place of conduct may deal with them in accordance with the provisions.
(3) From the date of recognition of the well-known trademark, others use words that are identical or similar to the well-known trademark as part of the company name, which may cause misunderstanding by the public , the industrial and commercial administrative authorities will not approve the registration; if it has been registered, the well-known trademark registrant may request the industrial and commercial administrative authorities to cancel it within 2 years from the date it knows or should know.
If others use words that are the same as or similar to a well-known trademark as part of the company name, and it may cause public misunderstanding , it will still harm the interests of the well-known trademark registrants, and it also constitutes an act of unfair competition. The industrial and commercial administration will refuse to approve the registration or revoke it upon the party's application, thereby safeguarding the legitimate interests of the well-known trademark registrants.
Violate the principle of good faith to copy, imitate, translate "The act of registering another person's trademark that is already well-known to the public" shall be regarded as an act of obtaining registration by deception or other improper means. The Trademark Office may cancel it ex officio, and other units or individuals may also request the Trademark Review and Adjudication Board. Ruling to cancel the registered trademark.
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