What is a well-known trademark and who has the right to recognize a well-known trademark
Well-known trademark Usually refers to a trademark that enjoys a high reputation in the market and is well known to the relevant public. According to legal provisions, during the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if a party claims rights in accordance with Article 13 of the Trademark Law of the People's Republic of China, the Trademark Office may, based on the needs of reviewing and handling the case, The well-known status of the trademark shall be determined.
In the process of handling trademark disputes, if a party claims rights in accordance with Article 13 of the Trademark Law of the People's Republic of China, the trademark review The committee may determine the well-known status of a trademark based on the needs of handling the case.
During the trial of trademark civil and administrative cases, the parties assert rights in accordance with Article 13 of the Trademark Law of the People's Republic of China , the People's Court designated by the Supreme People's Court may determine the well-known status of a trademark based on the needs of hearing the case.
Article 13 of the Trademark Law of the People's Republic of China: If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which can easily lead to confusion. , will not be registered and prohibited from use.
If a trademark applied for registration on different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be damaged, it shall not be be registered and prohibited from use.
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