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What are the rules for the protection of well-known trademarks in China?
the legal basis for the protection of well-known trademarks mainly includes China's Trademark Law, Regulations on the Implementation of Trademark Law and Provisions on the Recognition and Protection of Well-known Trademarks. In addition, China's criminal law and criminal judicial interpretation also provide for the protection of well-known trademarks. The law of China defines the object of protection of well-known trademarks as two types of trademarks, one is a well-known trademark that has not been registered in China, and the other is a well-known trademark that has been registered in China. There are two ways to protect well-known trademarks in China: one is not to register them, and the other is to prohibit their use. According to the laws of China, the preconditions for obtaining the protection of a well-known trademark are: first, the well-known trademark is applied for registration or used by others in the form of copying, imitation or translation; second, such use may easily lead to confusion or mislead the public, which may damage the interests of the well-known trademark registrant. The special protection given to well-known trademarks by China law can be summarized as follows: 1. The protection of trademarks by China law is based on the principle of registration, so ordinary unregistered trademarks cannot be protected by the trademark law, except for well-known trademarks, even well-known trademarks that are not registered in China are also protected by the trademark law. 2. In the dispute procedure of registered trademark, the limitation period for ordinary trademark owners or interested parties to claim rights is 5 years from the date of trademark registration in violation of the relevant provisions of the Trademark Law. For the owner of a well-known trademark, if the other party's registration is out of malice, it is not limited by 5 years. Well-known trademarks are not required to be registered in China, and there is no time limit for claiming rights. 3. When there is a conflict between a well-known trademark and an enterprise name, as long as the owner of the well-known trademark thinks that others may deceive the public or cause misunderstanding to the public by registering the well-known trademark as the enterprise name, he can apply to the competent authority for revocation of the enterprise name, and the competent authority must examine whether the enterprise name belongs to the situation that may deceive or cause misunderstanding to the public in accordance with the Provisions on the Administration of Enterprise Name Registration. 4. Ordinary registered trademarks can only enjoy exclusive rights in registered identical or similar goods or services, while registered China well-known trademarks not only enjoy exclusive rights in identical or similar trademarks or services, but also are protected by law in different or dissimilar trademarks or services. 5. In the trial of trademark disputes, the people's court will prohibit the use of protection methods that are clearly listed as the exclusive right to use registered trademarks, thus increasing the tort liability of the disabled.