The legal system of well-known trademarks in China has experienced a development process from scratch. 1988 The State Trademark Office has recognized the first well-known trademark "Tongrentang" in China without special legal basis. From 1988 to1August 1996 14, the State Trademark Office recognized 16 as a well-known trademark.
1On August 4, 1996, the Interim Provisions on the Recognition and Management of Well-known Trademarks issued by the State Administration for Industry and Commerce made specific provisions on the definition, recognition and protection of well-known trademarks for the first time, and defined well-known trademarks as "registered trademarks that enjoy a high reputation in the market and are well known to the relevant public". Although its practice of limiting well-known trademarks to registered trademarks violates the spirit that registration is not a necessary condition for the protection of well-known trademarks in international conventions to which China is a party, it objectively greatly promotes the establishment of well-known trademark protection system in China. Since then, 280 trademarks have been recognized as well-known trademarks.
200 1, 65438+February, 1, the current trademark law came into effect, which stipulated the contents of well-known trademarks for the first time, marking the formal establishment of China's well-known trademark protection system. The current trademark law has broken through the restriction that China only protects registered trademarks in the past, and the principle of trademark registration has given some unregistered trademarks a position in the trademark law, broken the traditional theory that trademarks have strict nationality and regionality, and realized the integration of China's trademark law with the international community.
On August 3rd, 2002, the Regulations for the Implementation of the Trademark Law issued by the State Council made specific provisions on the identification institutions and basic procedures of well-known trademarks.
On June 10 and 16, 2002, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes (hereinafter referred to as the Judicial Interpretation of Trademark Cases), which also stipulated the protection of well-known trademarks, stipulating that the people's courts may, in the trial of trademark disputes, According to the provisions of Article 14 of the Trademark Law, if it is determined whether a registered trademark is well-known as a well-known trademark recognized by an administrative organ or a people's court, and the party concerned requests protection, and the other party raises an objection, the people's court shall review it according to Article 14 of the Trademark Law. On the one hand, the judicial interpretation of trademark cases establishes that the judicial organ is one of the cognizance organs of well-known trademarks, on the other hand, it also gives the judicial organ the right of judicial review of well-known trademarks recognized by the Trademark Office and the Trademark Review and Adjudication Board. It is worth noting that the judicial interpretation of trademarks extends the protection scope of well-known trademarks to the main part of trademarks, and copying, imitating and translating the main part of well-known trademarks will also constitute infringement of the exclusive right to use trademarks or bear civil liability for stopping the infringement.
On April 17, 2003, the State Administration for Industry and Commerce issued the Provisions on the Recognition and Protection of Well-known Trademarks (hereinafter referred to as the Provisions), which made new provisions on the definition, recognition and protection of well-known trademarks, and defined well-known trademarks as "trademarks widely known by the relevant public and enjoying a high reputation in China." The implementation of the "Regulations" has made China's well-known trademark protection system more standardized and scientific.
The above-mentioned laws, regulations, rules and judicial interpretations constitute a relatively complete well-known trademark protection system in China. When the trademark owner thinks that his trademark is well-known and has been illegally infringed, he can selectively apply to the relevant authorities for recognition according to the actual situation, and submit sufficient evidence to request special protection for the well-known trademark.