Although well-known trademarks can bring higher profits to enterprises within a certain range, it is precisely because of the impact of this income that many companies in our country have maliciously disrupted the social market in order to apply for well-known trademarks. In order to solve this problem, my country prohibits the use of well-known trademarks. So does anyone know when the use of well-known trademarks in my country is prohibited? Next, we have compiled relevant information for you, hoping to help everyone.
1. When is the use of my country's well-known trademarks prohibited? Starting from May 1, 2014, according to Article 14 of the newly revised "Trademark Law", "Producers and operators shall not use the words "well-known trademarks" On goods, product packaging or containers, or used in advertising, exhibitions and other commercial activities.” Before May 1, 2014, China’s well-known trademarks were one of the publicity points of many companies. China's well-known trademarks refer to trademarks that have been recognized as "well-known trademarks" by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures. According to the "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003, its meaning can be summarized as: a trademark that is widely known to the relevant public in China. The purpose of setting up this title is, firstly, to increase legal protection for the trademark, and secondly, to provide certain government support. However, after many companies have recognized a well-known Chinese trademark, the word appears on their advertising and product packaging. China's well-known trademarks have become another passport for these companies' products to enter the market. In addition, the purpose of many enterprises obtaining this title is to obtain financial subsidy funds. The above practices all violate the original intention of our country to establish "China's well-known trademarks".
Legal provisions: Article 6 of the "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving the Protection of Well-known Trademarks" stipulates: "The plaintiff's use of the accused trademark infringed upon its exclusive right to register a trademark. If the defendant files a civil lawsuit on the grounds that the plaintiff’s registered trademark is a copy, imitation or translation of its previously unregistered well-known trademark, the defendant shall bear the burden of proof of the fact that its previously unregistered trademark is well-known.”
2. What is trademark survival? The World Intellectual Property Organization points out: “Trademark survival refers to the situation where two different companies use the same or similar trademarks without necessarily affecting their respective commercial activities. "In my country, academic circles have different understandings of the definition of trademark existence. Some people believe that trademark existence refers to the situation where different market entities use the same or similar trademarks without the possibility of confusion, in compliance with legal regulations. There are also views that trademark existence refers to the same or similar trademark used on the same or similar goods or services. Because there is no possibility of confusion, or although there is the possibility of confusion, the trademark is blocked due to the existence of trademark infringement reasons. The situation of legal existence. There is also a view that trademark registration refers to the legal registration of similar trademarks on the same or similar goods. The above is a summary of related content such as "When is the use of well-known trademarks in my country prohibited?" I wonder if it will be helpful to all of you? According to relevant regulations, the use of well-known trademarks in my country has been prohibited since May 1, 2014.