What provisions does the new Trademark Law provide for the special protection of well-known trademarks?
1. For registered well-known trademarks protection of.
According to the provisions of Article 13 of the new Trademark Law , the degree of protection for well-known trademarks is higher than that of non-well-known registered trademarks. For non-well-known registered trademarks, a trademark that is identical or similar to the registered trademark is used on the same or similar goods without the permission of the trademark registrant.
It is an infringement of the exclusive rights of registered trademarks and is prohibited by law. And must bear corresponding responsibilities; and the protection of registered well-known trademarks is not limited to the same kind of goods or similar goods. Applying for registration of different or dissimilar goods or using others' well-known trademarks that have been registered in China, resulting in If the interests of the owner of the well-known trademark may be harmed, it is also an infringement of the exclusive right of a registered trademark and is prohibited by law.
2. Recognition of well-known trademarks.
(1) Case-by-case identification, passive protection principle. If a trademark registrant requests to protect the rights and interests of its well-known trademark, it must first be recognized by the trademark authority as a well-known trademark. In practice, China adopts case-by-case identification of well-known trademarks , the principle of passive protection, that is, only when the trademark registrant believes that its well-known trademark rights and interests have been damaged and requests the protection of its legitimate rights and interests, the national trademark authority will consider whether to recognize it as a well-known trademark.
The reason why damage is used as an application condition is because without damage, there is no need for identification. However, Due to the continuous increase in international exchanges, international cooperation in the protection of well-known trademarks has been continuously strengthened, and the exchange of well-known trademark lists between countries has become increasingly frequent. In order to enable China's well-known trademarks to enjoy reciprocal protection in other countries, if the enterprise has not filed an application , the national trademark authority can also proactively identify well-known trademarks based on the needs of trademark registration and management to protect national industries and safeguard national interests.
(2) Standards for the recognition of well-known trademarks. The standards for the recognition of well-known trademarks are the most important issue in the protection of well-known trademarks. The standards for the recognition of well-known trademarks are generally There are two categories, namely generalized single standard and enumerated multiple standards.
Article 14 of the 2001 Trademark Law stipulates: "The following factors shall be considered in 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 the trademark’s advertising and publicity work;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous." This multiple standard should be combined with a general single standard to specifically determine whether a trademark is well-known.
The above-mentioned considerations are related to those of countries around the world and relevant international The factors that organizations consider when identifying well-known trademarks are basically the same. In practice, the above factors must be comprehensively considered to make an accurate determination of the well-known degree of a trademark. Of course, the reputation and popularity of a trademark are not static, but constantly change with the passage of time or due to changes in the use of the trademark user. Therefore, my country's new "Trademark Law" stipulates that the validity period of a recognized well-known trademark is 3 years.
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