1. What is a well-known trademark
1. A well-known trademark is a trademark that is well known to the relevant public, has a certain period of use, and has a record of being protected as a well-known trademark. And well-known trademarks receive special protection in my country. For example, even if the trademark is not protected in my country, if it meets the above conditions and is maliciously applied for registration by others, it will not be registered and its use will be prohibited.
2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Article 13If 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.
If the 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 is likely to cause confusion, Registration is not allowed and use is prohibited.
Article 14Well-known trademarks shall, at the request of the parties, be identified as necessary to handle cases involving trademarks Ascertain the facts. Recognition of well-known trademarksThe following factors should be considered:
(1) The degree of awareness of the trademark by the relevant public;
(2) The 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 mark famous.
China's legislation on the protection of well-known trademarks is relatively late. The extended protection of well-known trademarks is mainly reflected in three aspects:
1. Improper registration is prohibited
If you apply to register a trademark that is the same as or similar to someone else's well-known trademark on non-similar goods, and it may damage the rights and interests of the well-known trademark registrant, the Trademark Office may refuse its registration. Apply. If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board to cancel it.
2. Improper use is prohibited
Use a trademark that is the same or similar to someone else’s well-known trademark in non-similar on the goods, and will imply that the goods have some connection with the well-known trademark registrant, which may infringe the rights and interests of the well-known trademark registrant.If damage is caused, the well-known trademark registrant may request the industrial and commercial administrative authorities to stop it.
3. Use as a trade name is prohibited
From the date of recognition of a well-known trademark, others will compete with the well-known trademark If the same or similar words are used as part of the enterprise name and may cause misunderstanding by the public, the industrial and commercial administration authorities will not register it; if it has been registered, the well-known trademark registrant may request to cancel it. Article 13 of my country's revised Trademark Law extends the protection of well-known trademarks to non-similar goods or services, formally establishing the expanded protection of well-known trademarks in legislative form.
2. What are the conditions for the recognition of a well-known trademark?
1. It must be enjoyed A trademark with good product quality and reputation
A trademark is a mark of a product and is required to comply with the specifications registered when using or applying for registration. However, the goods represented by the well-known trademark must be of high quality, comply with legal requirements and specifications, and be stable and reputable for a long time.
The quality and reputation of goods are the fundamental prerequisite for well-known trademarks. This reputation refers to social reputation and is a comprehensive reflection naturally formed by consumers after long-term use. . From this, we can also think that a well-known trademark itself is a sign of high-quality goods, and high-quality goods are the core of a well-known trademark.
2. Trademarks well known to the public
Well-known trademarks are well-known trademarks for consumers and A trademark or famous trademark that is generally known by operators, or a trademark that enjoys "significant prestige". It can be seen that in order for a certain trademark to become a well-known trademark well-known to the public, it must have a long production and sales history and considerable sales. volume and turnover, the trademark itself is regarded as an intangible property, and must also have significant commercial value. "Public" refers to the knowledge of a large number of specific consumer groups and a large number of specific dealer groups.
3. A trademark that enjoys a reputation within a considerable geographical area
This considerable scale Each country has its own standards to limit the geographical scope. As a well-known trademark, in addition to enjoying reputation within the geographical scope of its own country, it must also enjoy reputation within the geographical scope of at least one or two countries abroad.
4. Trademarks that have been selected by consumers and recognized by specific authoritative organizations
A general trademark only needs to be applied for by the trademark user and approved by the Trademark Office. However, well-known trademarks must be selected by consumers and confirmed by specific authoritative organizations, and be announced to the public.