What is the special protection of well-known trademarks for?
The special protection of well-known trademarks is for the use of trademarks .
① Special protection for trademark application, registration and use.
Article 13 of the Trademark Law; The trademark applied for registration of a different or dissimilar trademark is a copy, imitation or translation of a well-known trademark that has been registered in China (it also stipulates that registration is not pursued), misleading the public and causing possible damage to the interests of the registrant of the well-known trademark. , registration is not allowed and use is prohibited. Because the owner of a well-known trademark can legally prohibit others from registering the same trademark as his or her own well-known trademark on goods that are not identical or similar; and can also legally prohibit others from using the same well-known trademark as his or her own on goods categories that have not been registered by him/her. trademark. For the above two points, generally registered trademarks have no right to prohibit others from applying for registration and use.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases" Law Interpretation 2002 No. 32) Article 1, Paragraph 2 stipulates: Copying, imitating, or translating a well-known trademark registered by others orIf the main part of the trademark is used as a trademark on different or similar goods to mislead the public, causing possible harm to the interests of the registrant of the well-known trademark, the term "granting the exclusive right to register a trademark to others" stipulated in Article 52, Fourth Township of the Trademark Law Behavior causing other damages;
② Register in the company name special protection. If the party concerned believes that someone else's registration of the company name may deceive the public or cause misunderstanding to the public, he may apply to the enterprise name registration authority to cancel the enterprise name registration, and the enterprise name registration authority shall handle it accordingly. It also states that after a trademark is recognized as a well-known trademark, the trademark owner can prohibit others from registering the well-known trademark as a business name. However, the owner of a well-known trademark does not have the right to retroactively revoke an enterprise name that is identical to a well-known trademark that existed before recognition.
Hua Lu editor reminds you that being famous does not mean being famous. It means that it is known by everyone or has a high reputation among all the public, but it only means that it is well-known among relevant consumers, that is, it does not need to be "widely known". The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you still have questions, welcome to Hualu Lawyers for consultation.
