A refrigerator is an electrical appliance that can preserve some things and delay their deterioration. Whether in summer or winter, the function of the refrigerator is to emit cold air and then maintain it at a certain temperature. Food or food can be placed in it. Drinks that taste better frozen. So how to identify the category of a refrigerator trademark?
What we can learn from the query in the Bajie Intellectual Property Trademark Encyclopedia is that the category of the refrigerator trademark is Category 11 - 1105 - Refrigeration and refrigeration equipment (excluding refrigerated trucks) - Gas Refrigerator 1105 , ice machine 1105-refrigerator 110026, freezer 110106, refrigerator 110274. Nowadays, refrigerators are an appliance found in almost every household.
For Hefei trademarks and well-known trademarks, when a company's trademark becomes a well-known trademark, it can not only bring huge economic benefits to the company, but also invalidate imitation trademarks indefinitely. However, many people think that after becoming a well-known trademark, they can have the greatest protection, but this is not the case.
Although well-known trademarks enjoy cross-class protection, they do not enjoy full class protection. So when two trademarks are very similar, which one, the well-known trademark or the ordinary trademark, will be protected first after a conflict of rights?
There are two types of protection for well-known trademarks in my country. One is for trademarks applied for identical or similar goods or services that copy or imitate others’ well-known trademarks that have not been registered in China and are likely to cause confusion. Registration will not be granted and use is prohibited. The other is that if the trademark applied for on different or dissimilar goods or services is a copy or imitation of someone else's well-known trademark registered in China, which is likely to mislead the public and cause damage to the rights and interests of the well-known trademark registrant, it will not be registered and its use will be prohibited. .
General registered trademark protection is limited to the goods or services approved for registration. Others cannot use a trademark that is identical or similar to the registered trademark on the same or similar goods without permission.
Therefore, in fact, the protection scope of unregistered well-known trademarks is basically the same as the protection scope of ordinary registered trademarks, which are limited to the same or similar goods. The protection scope of registered well-known trademarks is wider and can be Cross-category protection means protection for goods or services other than those approved for registration.
However, the protection of well-known trademarks is not without boundaries. The boundary is whether the coexistence will cause confusion and misunderstanding among consumers. If it does not cause confusion or misunderstanding, even a well-known trademark will still not be protected by all categories. However, a similar trademark can be invalidated, and the final decision depends on the court's decision.
Note: When the rights of a well-known trademark conflict with that of an ordinary registered trademark and need to be treated differently, if the application for registration of an ordinary registered trademark is earlier than the time when the well-known trademark is recognized as well-known, then the right holder of the registered trademark will You have the right to use the registered trademark within the approved scope, but you still need to pay attention to the way you use it. If you try to increase the popularity of a well-known trademark or easily cause confusion, it will still be considered a trademark infringement.