What are the provisions of international conventions on well-known trademarks
Paris Convention for the Protection of Industrial Property (hereinafter referred to as "Paris Article 6(bis) of the Convention) makes special provisions for the protection of human rights. According to this provision, it is prohibited to use trademarks that are identical or similar to well-known trademarks on identical or similar goods, and the registration of such trademarks will be refused. For registered trademarks, a request for cancellation of such a trademark can be made within five years. If the registration was not made in good faith, there is no time limit for cancellation. However, the Paris Convention does not define well-known trademarks, nor does it mention the standards for recognition. It only provides principled provisions on the scope and measures of protection of well-known trademarks. Its specific content also needs to be supplemented by member states’ domestic laws. In the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (hereinafter referred to as the TRIPS Agreement), there have been some developments in well-known trademarks: 1. It is confirmed that the protection of well-known trademarks is applicable to service marks; 2. The recognition of well-known trademarks has been made Principle provisions; 3. The protection of well-known trademarks extends to non-similar goods or service organizations. my country's official regulations on the protection of well-known trademarks are the "Interim Provisions on the Recognition and Management of Well-known Trademarks" formulated by the State Administration for Industry and Commerce on August 14, 1996.
Article 13 of the Trademark Law: 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 its use is prohibited.
A trademark applied for registration on different or dissimilar goods is a copy or imitation Or if you translate someone else's well-known trademark that has been registered in China to mislead the public and cause the interests of the registrant of the well-known trademark to be harmed, the registration will not be granted and the use will be prohibited.