What is a well-known trademark?
Well-known trademark is a proprietary legal concept that enjoys a relatively high reputation in the market. A trademark with high reputation, well-known by the relevant public, and strong competitiveness. China's well-known trademarks are a type of trademark officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China and the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce of China and the People's Court based on the application of an enterprise. It is widely known to the public in China and enjoys a high reputation. . The protection of well-known trademarks is not only limited to identical or similar goods or services. When applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are endowed with relatively broad exclusivity. right. Moreover, the company name and website domain name of the company holding the "well-known trademark" will receive special legal protection different from ordinary trademarks.
Article 13 of the Trademark Law: 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 , imitate or translate other people's well-known trademarks that have not been registered in China and are likely to cause confusion, they will not be registered and their use will be prohibited.
If the trademark applied for registration for 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 potentially harmed, Registration is not allowed and use is prohibited.
Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors shall be considered in determining well-known trademarks:
(1) The relevant public’s awareness of the trademark;
(2) Duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administration departments, the parties concerned shall comply with the provisions of Article 13 of this Law. If the rights are claimed, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
In the process of trademark dispute settlement, if a party asserts rights in accordance with Article 13 of this Law, the trademark The review 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 If rights are claimed in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.
Producers and operators shall not use the words "well-known trademark" Used on goods, product packaging or containers, or used in advertising, exhibitions and other commercial activities.
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