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Since the concept of well-known trademarks was first introduced in the Paris Convention in 1883, special protection for well-known trademarks has become a legislative trend around the world. Many international treaties provide legal protection for well-known trademarks, and this protection is provided in the form of special legal provisions for well-known trademarks. Now this protection is becoming increasingly strict.

The Paris Convention is the earliest international convention to provide for the protection of well-known trademarks. Article 6bis of the Convention is the classic provision for the protection of well-known trademarks. This article stipulates: The countries of the Union undertake, if their national laws permit, to ex officio or at the request of the parties concerned, any trademark that the competent authority of the country of registration or use considers to be owned by a person entitled to enjoy the benefits of this Convention in that country. If a trademark that is well-known and used for identical or similar goods constitutes a copy, imitation or translation, and is likely to cause confusion, registration shall be refused or revoked and use shall be prohibited. These provisions shall also apply when the main part of the trademark constitutes a copy or imitation of a well-known trademark and is likely to cause confusion. The Paris Convention adopts relative protectionism for the protection of well-known trademarks, that is, it prohibits others from registering and using trademarks that are identical or similar to the well-known trademark in the same or similar industries as the trademark owner. As for non-similar goods, The use of identical or similar trademarks is permitted.

In order to effectively prevent the reputation, identification and distinctive features of well-known trademarks from being damaged by improper use, many countries have implemented absolute protectionism for well-known trademarks, prohibiting others from using them in any industry, including goods that are different from well-known trademarks. If you register and use a trademark that is identical or similar to a well-known trademark in or dissimilar industries, the owner of the well-known trademark also has the right to prohibit the use of non-trademark commercial signs. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) has established higher protection standards than the Paris Convention and implemented cross-class protection for well-known trademarks. Article 16, paragraph 3, of the Agreement stipulates: The 1967 text of the Paris Convention shall, in principle, apply to goods or services that are not similar to the goods or services indicated by a well-known trademark, as long as the use of the trademark on dissimilar goods or services will cause harm It implies that the goods or services have some connection with the owner of the well-known trademark, which may damage the interests of the owner of the well-known trademark.

Hope it helps you and hope you will adopt it