What is a well-known trademark?
Well-known trademarks not only have the distinguishing function of general trademarks, but also have strong competitiveness, high popularity and extensive influence. They have been well known and trusted by consumers and operators, and have relevant commercial value. These characteristics make it often the object of infringement. In order to prevent and reduce this kind of infringement, the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-related Intellectual Property Rights have made effective and specific provisions on the special protection of well-known trademarks. Paragraph 1 of Article 6 bis of the Paris Convention for the Protection of Industrial Property stipulates that if a trademark belongs to the person protected by this Convention and is used to counterfeit, imitate or translate a well-known trademark on the same or similar goods in that country, it will easily cause confusion. Members of the Union shall, according to their functions and powers permitted by domestic laws or at the request of relevant parties, refuse or cancel their registration and prohibit their use. Paragraph 3 of Article 16 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization stipulates that Article 6 bis of the Paris Convention applies in principle to goods or services that are not similar to those indicated by registered trademarks. As long as the trademark is used on similar goods or services, it will imply that the goods or services have some connection with the registered trademark owner, so that the interests of the registered trademark owner may be harmed. China is a member of the Paris Convention for the Protection of Industrial Property and has joined the World Trade Organization. It is our duty to fulfill the provisions of the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-related Aspects of Intellectual Property Rights, and to protect well-known trademarks registered or unregistered by member countries in China. In order to effectively protect the interests of well-known trademark owners, according to the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property, and in combination with China's reality, the Trademark Law has been revised this time, and the protection of well-known trademarks has been strengthened. Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes stipulates:? According to the provisions of the first paragraph of Article 13 of the Trademark Law, copying, imitating or translating a well-known trademark or its main part that is not registered in China by others and used as a trademark on the same or similar goods is likely to cause confusion, and it shall bear civil legal liability for stopping the infringement. well-known trademark