Legal analysis: Well-known trademarks have triple privileges. First, if they are not registered in a certain country, but someone registers first, they can squeeze out the first one. Re-registering as their own trademarks is in a country that only protects registered trademarks, and giving protection to unregistered well-known trademarks is a registered well-known trademark. In tort litigation, it is more likely that the defendant's trademark is similar to it, and it is more likely that the defendant's related products or services are similar to all its goods or services. Chinese time-honored brands have been registered seriously abroad. If well-known trademarks are used to protect them, it will be very beneficial to Chinese time-honored brands.
legal basis: article 14 of the trademark law of the people's Republic of China shall, at the request of the parties concerned, identify a well-known trademark as a fact that needs to be identified in handling trademark cases. The following factors should be considered when identifying a well-known trademark:
(1) the awareness of the trademark by the relevant public;
(2) the duration of the use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) the record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark well-known.
in the process of trademark registration examination and investigation of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, determine the well-known situation of the trademark.
in the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of article 13 of this law, the trademark review and adjudication board may, according to the needs of handling the case, make a determination on the well-known situation of the trademark.
in the process of trying a trademark civil or administrative case, if the parties claim their rights in accordance with the provisions of article 13 of this law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, make a determination on the well-known trademark.
producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.