What is the legal protection of well-known trademarks
Well-known trademarks are protected by laws such as the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks (2014 Revision).
Article 13 of the Trademark Law is relevant If the holder of a trademark that is well known to the public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law.
The trademark applied for registration on the same or similar goods is Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public,If the interests of the registrant of the well-known trademark may be harmed, the trademark shall not be registered and its use shall be prohibited.
Article 14 A well-known trademark shall be registered in accordance with the trademark of the party concerned. Request to determine the facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:
(1 )The relevant public’s awareness of the trademark;
(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 trademark famous.
Investigated and dealt with by the trademark registration review and industrial and commercial administration departments During the course of a trademark violation case, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
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 may determine the well-known status of the trademark based on the needs of handling the case.
During the trial of trademark civil and administrative cases, the parties concerned shall comply with Article 10 of this Law. Where rights are claimed under Article 3, 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" on goods, product packaging or containers, or for advertising, exhibitions and other commercial activities
The above is the relevant content summarized by the editor , if you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
No comments yet. Say something...