What does the protection scope of well-known trademarks include
Resolution of the conflict between the cross-class prohibition rights of well-known trademarks and the exclusive right of registered trademarks
The cross-class prohibition rights of well-known trademarks originate from well-known trademarks Scope of protection, generally speaking, the scope of protection for well-known trademarks can cover the following:
1. If a trademark applied for registration for identical 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 will be prohibited.
2. Different or similar products If the trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.
3. If a registered trademark violates the relevant provisions of the Trademark Law, within five years from the date of trademark registration, the trademark shall beA person or interested party may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
4. If the use of a trademark violates the provisions of the Trademark Law, Relevant parties may request the industrial and commercial administration department to prohibit use. If the Trademark Office determines a well-known trademark in accordance with the provisions of the Trademark Law, the industrial and commercial administrative department shall order the infringer to stop using the well-known trademark in violation of the provisions of the Trademark Law, and confiscate and destroy its trademark logo; if the trademark logo is difficult to separate from the goods, the infringer shall be ordered to and confiscated and destroyed.
5. The owner of a well-known trademark believes that others have used it If a well-known trademark is registered as a business name and may deceive or cause misunderstanding to the public, you may apply to the competent authority for business name registration to cancel the registration of the business name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".
6. Others’ domain names or their main parts If a well-known trademark is copied, imitated, translated or transliterated, the registration and use of domain names shall be deemed to constitute infringement or unfair competition.
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