Which well-known trademarks will be protected, and what is the scope of protection of well-known trademarks in my country
1. Just 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. Different or similar products If the trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited.
3. If a registered trademark violates the relevant provisions of the Trademark Law, within the specified period from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule to cancel 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 the provisions of the Trademark Law, Relevant parties may request the industrial and commercial administration department to prohibit use. If the trademark is recognized as a well-known trademark by the Trademark Office in accordance with the provisions of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the trademark in violation of Article 13 of the Trademark Law.For acts involving famous trademarks, the trademark logo shall be confiscated and destroyed; if the trademark logo is difficult to separate from the goods, the trademark logo shall be confiscated and destroyed together.
5. The owner of a well-known trademark believes that others have used it If a well-known trademark is registered as a business name and may deceive or cause misunderstanding to the public, you may apply to the competent authority for business name registration to cancel the registration of the business name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".
6. Others’ domain names or their main parts If a well-known trademark is copied, imitated, translated or transliterated, the registration and use of domain names shall be deemed to constitute infringement or unfair competition.
A well-known trademark is widely known to the public in China Trademarks that are known and enjoy a high reputation are often infringed in reality. Therefore, trademark registrants need to have a certain understanding of the infringement of well-known trademarks and the protection of well-known trademarks, so as to better protect their rights and interests. Therefore, it is recommended that when you encounter related disputes, you can first consult a lawyer in relevant professions and listen to the lawyer's opinions.
The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
