What are the contents of the protection of well-known trademarks
my country's "well-known trademarks" "The protection of trademarks is stipulated in the following legal provisions:
Article 13 of the "Trademark Law of the People's Republic of China": For trademarks that are well known to the relevant public, the holder If you believe that your rights have been infringed, you may apply for well-known trademark protection in accordance with the provisions of this Law.
If 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, and is likely to cause confusion, it will not be registered and Use prohibited.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the well-known If the interests of the trademark registrant may be harmed, the trademark shall not be registered and its use shall be prohibited.
"People's Republic of China Article 14 of the Trademark Law: 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 should be considered when determining a well-known trademark:
(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) The trademark as a ChiRecords of the protection of famous trademarks;
(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 administrative departments, the parties concerned assert their rights in accordance with the provisions of Article 13 of this Law Yes, the Trademark Office may determine the well-known status of a trademark based on the needs of reviewing and handling cases.
During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board shall make a If necessary, the trademark's well-known status can be determined.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the Supreme People's Court shall designate The People's Court of the People's Republic of China may determine the well-known status of a trademark based on the needs of hearing the case.
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or for advertising, exhibitions and other commercial activities.
Article 58 of the Trademark Law of the People's Republic of China: Using someone else's registered trademark or unregistered well-known trademark as a company name If the use of a brand name misleads the public and constitutes unfair competition, it will be dealt with in accordance with the Anti-Unfair Competition Law of the People's Republic of China.
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