What are the special protections for well-known trademarks under the revised Trademark Law?

The so-called well-known trademarks refer to trademarks that enjoy a high reputation in the market and are well-known to the relevant public. So what special protection does the revised Trademark Law provide for well-known trademarks? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What are the special protections for well-known trademarks under the revised Trademark Law

According to Articles 4, 13, 41 and 43 of the New Trademark Law, the applicant’s trademark for the same or similar goods or services The trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which may easily lead to confusion.

or different or dissimilar goods or services If the trademark applied for registration is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, the trademark will not be registered and the use of the trademark in China will be prohibited.

If a registered trademark violates the provisions of Article 13 of the Law, within 5 years from the date of trademark registration, the owner of the well-known trademark may request the Trademark Review and Adjudication Board to rule to cancel the registered trademark; if the registrant registered in bad faith, then Not subject to this period.

If the Trademark Review and Adjudication Board decides to maintainIf the trademark is held, the owner of the well-known trademark may file an administrative lawsuit with a court with jurisdiction and request judicial relief.

In order to unify law enforcement and facilitate the people's courts and the Trademark Office in accordance with the law To identify well-known trademarks, the new Trademark Law also adopts a combination of enumeration and generalization, and stipulates the factors that should be considered in identifying well-known trademarks, namely:

(1) The relevant public’s awareness of the trademark;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity efforts for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous. In this way, our country has a legal basis for the recognition and special protection of well-known trademarks, which will help the courts to provide judicial protection for well-known trademarks. At the same time, it also makes this special protection consistent with the provisions of the Paris Convention and the TRIPS Agreement, and adapts to the needs of our country after joining the WTO.

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