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Well-known trademarks can obtain international mutual protection. Well-known trademarks are the "passports" for domestic products exported abroad. They are the only signs protected by international laws on a global scale. The Paris Convention for the Protection of Intellectual Property Rights , the Madrid Agreement on the International Registration of Trademarks, the Trips Agreement and the World Intellectual Property Organization's "Joint Recommendations on the Protection of Well-Known Trademarks" all have clear provisions on the international protection of well-known trademarks.
For example, well-known trademarks recognized in my country also receive corresponding protection abroad. For example, after "Senda" was recognized as a well-known trademark, the problem of trademark squatting in countries and regions such as Australia and Taiwan was solved; After "Phoenix" was designated as a well-known trademark, the registered trademarks in the United States and Indonesia were legally transferred to the company. my country's protection of well-known trademarks is not limited to well-known trademarks registered domestically, but also includes well-known trademarks registered abroad and used in China, but the latter's protection scope is limited to similar goods and services.
Compared with ordinary trademarks, well-known trademarks have a wider scope of protection, mainly as follows:
1. Unregistered well-known trademarks are also protected by trademark law;
2. The protection scope of well-known trademarks is extended to goods that are not identical or similar.
The specific circumstances for the protection of well-known trademarks are as follows:
1. Fight against malicious registration;
Article 13 of the Trademark Law: Identical or similar trademarks If the trademark applied for registration for a product 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 a 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 and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.
2. A trademark infringement lawsuit filed on the grounds of violation of Article 13 of the Trademark Law;
3. When a well-known trademark conflicts with a company name, the well-known trademark If the owner believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may apply to the competent authority to cancel the business name, or file a lawsuit on the grounds that the business name is the same as or similar to its well-known trademark. Infringement of trademark rights or unfair competition litigation;
4. The plaintiff files a civil lawsuit on the grounds that the use of the accused trademark infringes upon its exclusive right to register a trademark. The defendant may copy, imitate or translate the plaintiff’s registered trademark. File a defense or file a counterclaim on the grounds that a well-known trademark has not been registered before;
5. Fight against the impact of the same (similar) trademark on different goods. If a trademark that is identical or similar to another's well-known trademark is used on non-similar goods and implies that the goods have some connection with the trademark owner, which may damage the rights and interests of the well-known trademark owner, the well-known trademark owner may know or You should request the industrial and commercial authorities to stop it within two years from the date of knowledge;
6. When filing a case to investigate a criminal case of counterfeiting a well-known trademark, there is no limit on the amount of the case filed.
If more detailed information can be provided, more accurate legal advice can be provided.