What is the legal protection system for well-known trademarks
It should be analyzed in detail.
(1) Unregistered well-known trademarks. Paragraph 1 of Article 13 of the Trademark Law stipulates that if a trademark applied for registration for identical 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 shall not be registered and its use shall be prohibited. It can be seen that unregistered well-known trademarks enjoy exclusive rights similar to ordinary registered trademarks.
(2) Registered well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that a 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 registrant of the well-known trademark to mislead the public. If your interests may be harmed, registration will not be granted and use will be prohibited. It can be seen that the registrant of a well-known trademark has the right to prohibit others from registering or using the well-known trademark on a certain range of non-similar goods, and even has the right to prohibit others from using the trademark as a well-known trademark. Trademarks are used as part of a business name. Specifically, the expanded protection is mainly reflected in the following three aspects:
1. Apply for registration of a trademark that is identical or similar to someone else's well-known trademark on non-similar goods, If the trademark registration application may harm the rights and interests of the well-known trademark registrant, the Trademark Office of the State Administration for Industry and Commerce shall reject the registration application; if the applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review; if the trademark has already been registered, the application shall be rejected from the date of registration. Within five years, the registrant of a well-known trademark can request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it, but there is no time limit for malicious registration.
2. Use a trademark that is the same as or similar to someone else's well-known trademark on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant , which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the industrial and commercial administrative agency to stop it within two years from the date it knows or should know.
3. From the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and this may cause misunderstanding by the public, the industrial and commercial administration authorities Registration will not be approved; if it has already been registered, the well-known trademark registrant may request the industrial and commercial administrative authorities to cancel it within two years from the date it knows or should know.
Well-known trademark recognition standards
Article 14 of the "Trademark Law" stipulates: "The following factors shall be considered in determining well-known trademarks:
(1) The relevant public’s awareness of the trademark;
(2) The use of the trademark The duration;
(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.
Through the introduction of this article, I believe everyone has a certain understanding of this issue. In reality, if the situation you are consulting is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to do so. Legal advice.