What is the interpretation of Article 58 of the Trademark Law?
Article 58 of the "Trademark Law" uses someone else's registered trademark or unregistered well-known trademark as a business name to mislead the public, Any behavior that constitutes unfair competition shall be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Interpretation: This article is about registering trademarks or trademarks registered by others. The use of an unregistered well-known trademark as a business name shall be handled in accordance with the regulations on unfair competition.
There is a total of 1 paragraph in this article, which applies to the registration of trademarks by others. Or the use of an unregistered well-known trademark as a business name shall be treated as unfair competition.
1. Modifications to this article
This article is a newly added provision in this revision of the Trademark Law. In real life, in order to obtain unfair benefits, some people adopt the method of "famous brand" and use other people's registered trademarks or unregistered well-known trademarks as their own business names in order to increase their popularity and increase transactions. opportunities, attract consumers, and promote products. Therefore, this revision stipulates this and clarifies that such behavior will be treated as unfair competition.
2. Regarding the use of others’ registered trademarks or unlicensed trademarks The use of a registered well-known trademark as a trade name in a business name shall be treated as an act of unfair competition. According to the provisions of this article, if someone else's registered trademark or unregistered well-known trademark is used as a trade name in a business name, misleading the public and constituting an act of unfair competition, Handled in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
Trademark is a sign that distinguishes the source of different goods or services , composed of a combination of text, graphics, letters, numbers, three-dimensional logos, colors and other elements.
Obtaining exclusive rights to trademarks and corporate name rights, The principle of good faith in the Civil Code and the Anti-Unfair Competition Law must be followed, and the reputation of other people’s trademarks or business names must not be used to engage in unfair competition. If the words in a trademark are the same as or similar to the size of a business name, causing confusion among others (including the possibility of confusion) about market entities and the source of their goods or services, thereby constituting unfair competition, they shall be stopped in accordance with the law. Among them, "confusion" mainly includes the following two situations: first, registering words that are the same or similar to the font size in other people's business names as trademarks, causing the relevant public to misunderstand or misunderstand the owner of the business name and the trademark registrant; Second, words that are identical or similar to others’ registered trademarks are registered as font sizes in the Company name, causing the relevant public to misunderstand or misunderstand the trademark registrant and the owner of the company name.
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