What are the legal provisions for the protection of well-known trademarks
(1) Relative protection. The conditions for relative protection are: first, it is not registered in China; second, it is likely to cause confusion; third, it is applicable to the same or similar goods; fourth, the form of expression is copying, imitation or translation. That is, “if a trademark applied for registration for 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.” Although the protection of well-known trademarks is limited to identical or similar goods, Similar products, but compared to the general unregistered non-well-known trademarks, it is already considered a special protection. In other words, my country implements non-cross-class protection for unregistered well-known trademarks.
(2) Absolute protection. The conditions for absolute protection are: first, it has been registered in China; second, it misleads the public; third, it is applied to goods that are not identical or similar; fourth, the form of expression is copying, imitation or translation; fifth, it is likely to cause the well-known trademark registrant to interests are harmed. That is to say, “If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else’s well-known trademark that has been registered in China, misleading the public, and causing the interests of the well-known trademark registrant to be harmed, registration will not be allowed and prohibited. Use." This means that for well-known trademarks that have been registered, cross-class protection is implemented.
In order to protect the interests of registrants, well-known trademarks prohibit the registration of trademarks that are copied, imitated or translated, have already been registered, and are easily confusing. The above is the relevant content compiled by the editor of the Legal Savior Network regarding the legal provisions for the protection of well-known trademarks. If you have any other questions, please feel free to consult online.
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