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How to protect well-known trademarks

Legal analysis: The protection of well-known trademarks is as follows:

1. A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. It is easy to If it causes confusion, registration will not be granted and use is prohibited;

2. The trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public. If the interests of the registrant of the well-known trademark may be harmed, it shall not be registered and shall be prohibited from use;

3. If a registered trademark violates the relevant provisions of the Trademark Law, within five years from the date of trademark registration, The trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit;

4. The owner of a well-known trademark believes that others have registered his or her well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public , you can apply to the competent authority for enterprise name registration to cancel the registration of the enterprise name;

5. If another person’s domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, it shall be deemed that its registration, The use of domain names and other activities constitutes infringement or unfair competition.

Legal basis: "Trademark Law of the People's Republic of China"

Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, You may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially damaged, Registration is not allowed and use is prohibited.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.