The recognition of well-known trademarks has formed a parallel mode of administrative recognition (recognized by the Trademark Office or the Trademark Review and Adjudication Board) and judicial recognition. Compared with the long period of administrative identification of well-known trademarks and many audit departments, judicial identification is simpler and faster, so many enterprises often choose judicial channels. So what is the principle of identifying well-known trademarks?
principles of identifying well-known trademarks I. principles of being well-known within the territory
Trademark rights are regional, and trademarks registered in one country are only protected by their own laws within the territory of that country, and beyond the scope of that country, they are not protected by other countries. A trademark may have a high market evaluation and public recognition in a certain country, but because the goods are not sold in other regions, it may not be well-known in other countries, so it is impossible to talk about the protection of well-known trademarks. In our country, the well-known identification of trademarks does not need to be registered in our country, but it should adhere to the principle of territoriality, that is, the domestic well-known principle. Although some trademarks have a certain international reputation, the goods or services indicated by them have not been circulated in China, and the public in China have not actually used the above goods or received the above services. Even though the trademarks may be known by the public in China through the media, they cannot be recognized as well-known trademarks. Therefore, whether a trademark is well-known should always focus on domestic well-known, rather than the so-called international well-known.
principles for identifying well-known trademarks ii. principles required by the case
it is not based on the premise of identifying whether the registered trademark is well-known to judge whether the logo used on the same or similar goods as the registered trademark misleads the relevant consumers and whether the logo is the same or similar to the registered trademark. If the goods involved in the infringement and the goods approved for use by the registered trademark involved belong to the same kind of goods, the registered trademark involved can be protected in accordance with the provisions of the Trademark Law on the infringement of ordinary trademarks, and there is no need to apply the special protection of well-known trademarks, so it is meaningless to judge and identify whether it is well-known.
Article 22 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that in the trial of trademark disputes, the people's court may, at the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law. Need of the case? That is to say, the registered trademark involved in the case needs special protection for well-known trademarks, that is, the well-known trademarks are used by others for different or similar goods, which may cause dilution. the Supreme People's Court and related cases also affirmed the above viewpoint. The principle of necessity of the case can not only correctly grasp the focus of litigation disputes and improve the trial efficiency of cases, but also play a positive role in avoiding the abuse of litigation rights by trademark owners in the name of infringement, which is a necessary prerequisite for starting the judicial process of identifying well-known trademarks.
principle of identification of well-known trademarks iii. principle of active examination
in well-known trademark cases, active and ex officio examination should be taken for well-known facts. If, after investigation, there are still doubts about the main evidence, well-known facts should not be identified. The principle of active examination requires trademark owners to enhance their awareness of evidence, strengthen their burden of proof, and assist with necessary court investigation, which can effectively avoid being misled by some evidence with defective probative force, thus strengthening the reliability and authority of identifying well-known trademarks.
Some well-known trademarks obtained through judicial determination
1. Gansu Qizheng Industrial Group Co., Ltd. v. Hongwei Trademark Infringement Dispute Case, which was determined? Qizheng? The trademark is a well-known trademark.
2. Beijing Gome Electrical Appliances Co., Ltd. v. Tuhanqiao, a trademark infringement dispute, which is confirmed? Gome? It is a well-known trademark.
3. Honghe Cigarette Factory v. Kunming Yiliang Golden Elephant Washing Products Co., Ltd., a trademark infringement dispute case, which is confirmed? Red River? The trademark is a well-known trademark.
4. Rolex Watch Co., Ltd. v. Beijing State Grid Information Co., Ltd., a computer network domain name dispute case, which is recognized as having a high reputation in China and other countries in the world? Rolex? The trademark is a well-known trademark.
5. Procter & Gamble Company v. Shanghai Chenxuan Intelligent Technology Development Co., Ltd. in the case of unfair competition in domain name registration, it was found that Procter & Gamble Company? Safeguard/ Shu Fujia? The combination trademark of words and graphics is a well-known trademark.
6. Wal-Mart Stores Co., Ltd. v. Tong Xiaoju and other trademark infringement and unfair competition disputes, which is determined? Wal-Mart? It is a well-known trademark.
7. In the case of trademark infringement dispute between China Ping An Insurance (Group) Co., Ltd. and Shenzhen Shunchuang Corporate Image Planning Co., Ltd., it was found that? PAIC? Plus? Safe? The combination trademark of words and pictures is a well-known trademark. well-known trademark