How much protection does a well-known trademark have?
What is a well-known trademark? For trademarks that enjoy high visibility in the relevant public domain, through the recognition of well-known trademarks, the exclusive rights of well-known trademarks can be extended to different categories of goods or services. In other words, if your trademark is recognized as a well-known trademark, others can use it even if it is recognized as a well-known trademark. It cannot be used on different categories of goods or services.
The protection scope of well-known trademarks includes the following
1. 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 will not be registered and its use will be prohibited.
2. The 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 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.
3. A registered trademark that violates the "Trademark According to the relevant provisions of the Law, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
4. If the use of a trademark violates Article 13 of the Trademark Law, the relevant party may request the industrial and commercial administration department to prohibit the use. If the Trademark Office determines that a well-known trademark is a well-known trademark in accordance with the provisions of Article 14 of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law and seize and destroy it. Trademarks and logos; if the trademarks and logos are difficult to separate from the goods, they will be confiscated and destroyed together.
5. If the owner of a well-known trademark believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may apply to the competent authority for business name registration to cancel the business name registration. Business name registration The competent authority shall handle it in accordance with the "Enterprise Name Registration and Management Regulations".
6. Another person's domain name or its main part constitutes a copy, imitation, translation or copying of a well-known trademark. If the transliteration is used, the registration and use of the domain name shall be deemed to constitute infringement or unfair competition.
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