Compared with other trademarks, well-known trademarks have wider popularity and heavier trademark value. So what is the principle of cross-class protection of well-known trademarks? Generally determined on similar goods or similar trademarks. I. Principles of Cross-category Protection of Well-known Trademarks When the court hears a trademark infringement dispute case, following the general trademark infringement rules, it cannot be determined that the infringement is established. Whether the trademark is well-known becomes a necessary procedure for the people's court to determine whether it is infringed or not. Only by identifying the well-known trademark can the trademark law implement the special protection of well-known trademarks across goods and services. The scope of protection of registered trademarks is generally defined by law as "similar goods" and "similar trademarks" in order to avoid confusion and misunderstanding of the source of goods by the relevant public. Second, what is the determination of the amount of damages for infringement of well-known trademarks? Well-known trademarks implement cross-class protection. The infringer and the trademark owner operate different goods or services. It seems unreasonable to determine the amount of damages based on the profits of infringement, and it is difficult to grasp the loss of the trademark owner as the calculation standard. Therefore, how to correctly determine the amount of compensation in such cases is the difficulty in trial practice. Because there is no special provision in the law, the court generally determines the amount of compensation in accordance with the provisions of Article 56 of China's Trademark Law and Article 16 of judicial interpretation. In practice, some courts take reasonable investigation expenses as the compensation amount when determining the compensation amount, while others do not take reasonable investigation expenses as the compensation standard. We believe that when determining the amount of compensation, we should still deal with specific cases, and refer to the degree of confusion, misunderstanding and connection between the accused infringing goods or services and well-known trademarks to determine the compensation standard moderately and reasonably. III. What factors should be considered in judicial identification of well-known trademarks? Article 14 of China's Trademark Law and the Provisions on the Identification and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce stipulate the factors that should be considered in identifying well-known trademarks. In a specific case, a well-known trademark can be regarded as the object of well-known trademark protection as long as it enjoys a high reputation in the market, and it is proved that its trademark is "well known to the relevant public" or "known to the relevant public". "Related public" includes consumers, producers and distributors of goods or services, and it is not necessary to have all three, because many goods are very well-known in a certain professional field, but most ordinary consumers know nothing about them. In this case, the "Lijun" characters and graphic trademarks registered by Lijun Pharmaceutical Co., Ltd. and Lijun Group have a high market popularity in most areas of China, and are well known to the relevant public. The Lijun brand effect is high, which has met the standards for identifying well-known trademarks stipulated in the above laws. Therefore, the court legally recognized that the registered trademarks No.98477 "Lijun" and No.136242 have constituted well-known trademarks on human pharmaceutical products. Legal objectivity:
Article 13 of the Regulations on the Implementation of the Trademark Law of the People's Republic of China
Where the holder of a trademark is well-known to the relevant public, he may request the protection of a well-known trademark in accordance with the provisions of this law.
a trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it shall not be registered and its use shall be prohibited.
Regulations on the Implementation of the Trademark Law of the People's Republic of China
Article 14
Well-known trademarks shall be recognized as facts that need to be recognized in handling trademark cases at the request of the parties concerned. 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.