What are the relevant legal protections for well-known trademarks
For the protection of well-known trademarks, my country has formulated the "Regulations on the Recognition and Protection of Well-known Trademarks".
There are two main modes of trademark protection: relative protectionism and absolute protectionism.
The former refers to prohibiting others from registering or using the same or similar trademark in the same or similar industry as the trademark owner. As for the use of the same or similar trademark on non-similar goods,If allowed, the Paris Convention adopts relative protectionism. The latter refers to prohibiting others from registering and using trademarks that are identical or similar to the well-known trademarks in any industry, including industries that are different or dissimilar to the well-known trademarks. The TRIPS Agreement adopts expansionary absolute protectionism. .
In a simple economic form, since the goods pointed to by a specific trademark are relatively single, the connection between the trademark and the specific goods is relatively close. With the development of society, a valuable and well-known trademark has been increasingly applied to different types of goods, and these goods may be completely different in category attributes, thus creating a conflict between the trademark and the product category. Weakening and relative separation of trademarks from producers of goods. If a well-known trademark is not protected across categories and is allowed to be registered by others, even if the goods are obviously different, the public will still establish a connection between the new product and the reputable well-known trademark owner and think that the product may be the new product of the well-known trademark owner. , or there is some legal, organizational or business connection between the product and the well-known trademark owner, which causes consumers to make mistaken purchases. Today, with the rapid development of commodities, relative protectionism can no longer fully protect the interests of the public and the owners of well-known trademarks.
In view of this, in order to effectively prevent the reputation, identification and Distinctive features and advertising value are not subject toMany countries have implemented absolute protectionism for well-known trademarks, which prohibits the use of trademarks that are identical or similar to well-known trademarks on any goods.
Legal link:
"Regulations on the Recognition and Protection of Well-known Trademarks"
Article 3: The Trademark Office and the Trademark Review and Adjudication Board shall, based on the request of the parties and the needs of reviewing and handling the case, be responsible for Identify and protect well-known trademarks in the process of trademark registration review, trademark dispute resolution, and industrial and commercial administrative departments’ investigation and handling of trademark violation cases.
Article 4: The recognition of well-known trademarks follows the principles of case-by-case recognition and passive protection.