What does the protection of well-known trademarks in my country include?

With the development of my country's market economy and the development of the trademark industry, some of my country's well-known trademarks have been repeatedly counterfeited in the domestic market. However, in the international market, they do not receive due legal protection. This phenomenon not only seriously disrupts the normal and orderly economic order of socialism, but also affects the normal export of our products and infringes on consumers and trademarks. Registered manufacturer's rights. What does the protection of my country’s well-known trademarks include? Please follow the editor of Legal Savior Network to learn more below.

What does the protection of well-known trademarks in China include

Special protection for well-known trademarks specifically includes:

(1) Prohibit others from registering the trademark;

(2) Prohibiting others from using well-known trademarks;

(3) Prohibiting others from using well-known trademarks as part of the company name .

This is sufficient legal protection for general trademarks . However, for well-known trademarks, the scope of protection appears to be too small. Because if others use a well-known trademark on non-similar goods, it will not constitute infringement according to traditional theories and practices. But in fact it will lead to public misunderstanding and wrong purchase.

At this stage, most of the public is "buying according to the brand name." This not only harms the interests of the public, but also It has greatly reduced the reputation of well-known trademarks. It can be seen that it is not enough to limit the legal protection of trademarks to registered trademarks and approved trademarks.

Therefore, expand the scope of protection of well-known trademarks and give them special legal protection It is quite necessary. The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the Agreement on Intellectual Property Rights) expands the scope of protection of well-known trademarks on the basis of the Paris Convention:

(1) In principle, the provisions on well-known trademarks apply to services;

(2) In principle, the scope of protection applies to trademarks with the same well-known trademark The marked goods or services are not similar, as long as the use of these goods or services will imply a connection between the user and the owner of the well-known trademark, which may harm the interests of the owner of the well-known trademark. Therefore, it is urgent to establish a special legal protection system for well-known trademarks.

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