Defensive trade mark refers to several identical trademarks registered by well-known trademark owners on goods (services) or similar goods (services) approved for use by registered trademarks, so as to prevent others from registering and using the same trademarks on these categories of goods or services. The original trademark is the main trademark, and the rest are defensive trade mark. According to Article 51 of China's Trademark Law (200165438+1the second revision on October 27th), "the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use". Obviously, the scope of the exclusive right to use a trademark is strictly limited and does not involve non-similar goods or services. In essence, trademark infringement is generally limited to the same or similar goods and services with competitive relations. Generally speaking, the use of trademarks identical with or similar to others' trademarks on non-similar goods or services that are not competitive does not constitute infringement. Therefore, in real market activities, people often take advantage of this point intentionally or unintentionally. They don't want to rely on their own efforts, but copy or imitate others' original trademarks at will, especially those with a certain popularity, and use or register them in other categories of goods or services beyond the approved use scope of the trademark, in an attempt to take advantage of the influence of well-known trademark brands for many years to "hitchhike", deceive the public and gain the benefits of unfair competition. This phenomenon of "trademark cloning" is widespread in today's market activities, which easily causes consumers to confuse the source of goods or enterprises and seriously affects the trademark reputation or corporate reputation of trademark owners.

Regarding the phenomenon that such trademarks are illegally "cloned", China's relevant laws and regulations, such as Articles 13, 31 and 41 of the Trademark Law (the second revised edition of 200 1 year1October 27th), Article 5, paragraph 2, and Article 21, paragraph 2 of the Anti-Unfair Competition Law, The State Administration for Industry and Commerce promulgated the Provisions on Prohibiting Unfair Competition by Imitating the Unique Names and Decorations of Well-known Commodities (65438+1July 6, 1995), the Interim Provisions on the Recognition and Administration of Well-known Trademarks (65438+1August 1996 14) and the Regulations on Trademarks. However, it is limited to well-known and remarkable trademarks that are "well known to the public", and the specific nature of its "well-known and remarkable" degree shall be determined by the administrative department for industry and commerce according to the actual situation of the case and comprehensive factors, except for "well-known trademarks" that have been recognized by the state or local administrative departments for industry and commerce. Unknown or uncertain trademarks cannot be protected.

Therefore, the registration of defensive trademarks is of substantial strategic significance to some enterprises that are original in trademarks, invest heavily in publicity and advertising, and strive to build a well-known brand image.