What is a well-known trademark?
Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.
Factors that should be considered in determining well-known trademarks
(1) Relevant public opinions The degree of awareness of the trademark;
(2) The The duration of the trademark;
(3) The duration of the trademark The duration, extent and geographical scope of any promotional efforts;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Our country's laws also provide relatively complete protection for well-known names, which is mainly reflected in three aspects.
The first is not to allow well-known trademarks to be improperly used Registration, some people will register the same trademark as a well-known trademark in advance, which is likely to damage the popularity and high-end nature of the well-known trademark. If unfortunately the trademark has been registered in advance, the applicant of the well-known trademark can request the relevant unit to cancel the previous trademark.
The second aspect is that the law does not allow well-known trademarks been used inappropriately. No one, any organization, or any unit may illegally use well-known trademarks. What's more, it cannot cause damage to well-known trademarks or infringe on the rights of well-known trademark registrants. Once the registrant of a well-known trademark discovers the existence of such a phenomenon, he can immediately request the local industrial and commercial administration department to stop it.
The third aspect is that it is not allowed to use well-known trademarks Similar trademarks mislead the public. If there is a trademark that misleads the public, the registrant of a well-known trademark can request the relevant department to cancel its trademark.
The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
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