This revision has raised the protection of well-known trademarks from the level of departmental regulations to the level of national laws and regulations, greatly strengthening the protection of well-known trademarks in China. -Article 13 of the Trademark Law stipulates: "A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is likely to cause confusion, it shall not be registered and its use shall be prohibited. The trademarks of different or similar commodities applied for registration are well-known trademarks registered by others in China, which mislead the public and may cause damage to the interests of famous people, so they shall not be registered and prohibited from being used. " An Qinghu, director of the Trademark Office of the State Administration for Industry and Commerce, explained that this provision is the core clause or basic principle of China's well-known system, from which we can see the following points: First, well-known trademarks are divided into two categories, namely "well-known trademarks not registered in China" and "well-known trademarks registered in China". Second, there are two ways to protect well-known trademarks, one is "not registering" and the other is "not using". Third, a well-known trademark protected by the above two forms should meet the following preconditions: first, the well-known trademark is applied for registration or use by others in the form of plagiarism, imitation or translation; Second, the above-mentioned use may easily lead to confusion or misleading the public, which may harm the interests of well-known trademark holders. Fourth, the above two forms of protection are only applicable to the same or similar goods with "well-known trademarks not registered in China"; "Chi Ming trademark registered in China" also applies to different or similar goods or services. Fifth, the protection of trademarks in China is based on the principle of registration, so if you don't register, you won't get the exclusive right, that is, you won't be protected by law. In addition to well-known trademarks, even "well-known trademarks not registered in China" are also specially protected by law; Ordinary registered trademarks can only enjoy exclusive rights in registered identical or similar goods or services, while "well-known trademarks registered in China" not only enjoy exclusive rights in identical or similar goods or services, but also are protected by law in different or dissimilar goods or services. It can be seen that the legal protection of well-known trademarks is far stronger than that of ordinary trademarks. -Paragraph 2 of Article 41 of the Trademark Law stipulates: "If a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, well-known trademark owners are not limited by five years, "An Qinghu explained. This provision mainly clarifies the time when the trademark owner claims rights. In the registered trademark dispute procedure, the time limit for the owner or interested party of an ordinary trademark to claim rights is five years from the date of registration of a trademark that violates the relevant provisions of the Trademark Law. For the owner of a well-known trademark, if the other party's registration is malicious, it is not limited by 5 years. There is no distinction between registration and non-registration of well-known trademarks in China, and there is no final limit on the time when they can be requested. This makes the well-known trademarks registered in China and unregistered in China enjoy the right to claim indefinitely in this procedure, although this right is conditional. -Article 5 of the Regulations for the Implementation of the Trademark Law refines the procedure of "refusal to register" in Article 13 of the Trademark Law, stipulating: "In case of any dispute in the process of trademark registration and trademark review and adjudication in accordance with the provisions of the Trademark Law and these Regulations, the parties concerned may request the Trademark Office or the Trademark Review and Adjudication Board to identify a well-known trademark accordingly, and reject the application for trademark registration in violation of Article 13 of the Trademark Law or cancel the trademark registration in violation of Article 13 of the Trademark Law. When applying, the parties shall submit evidence that their trademarks constitute well-known trademarks. " The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned and on the basis of ascertaining the facts, determine whether their trademarks constitute well-known trademarks in accordance with the provisions of Paragraph 4 of Article 10 of the Trademark Law. For an application for trademark registration that violates the provisions of Article 13 of the Trademark Law, the application for registration shall be rejected by "refusing to register", which can be carried out through three-level procedures, namely: 1. Objection procedure of the Trademark Office of the State Administration for Industry and Commerce; 2. Objection review procedures of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce; 3. Administrative litigation of the people's court. An Qinghu explained that these three procedures are interlocking, and the latter must be based on the former. Without the former, there is no reason to propose the latter, nor can we go beyond the intermediate procedure and directly propose it to the next procedure. The next procedure has the right to change the decision of the procedure, and finally the Trademark Office will implement "no registration". In addition, these three programs are also interlocking in time. The time limit for claiming rights is clearly specified in each procedure. Beyond the time limit, this right will be lost, and it is the same for the owner of well-known trademarks. Specifically, he said, first, if a party finds that a trademark that someone else applied for registration and obtained the preliminary examination announcement constitutes a copy, imitation or translation of his own well-known trademark, he can raise an objection to the Trademark Office within three months from the date of the preliminary examination announcement of the Trademark Office, demand "no registration", and submit evidence to prove that his trademark is well-known, and the Trademark Office will make a ruling; Second, if a party refuses to accept the ruling of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling; Third, if the party concerned is still dissatisfied with the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. -Article 45 of the Regulations for the Implementation of the Trademark Law has made an important supplement to the procedure of "prohibition of use" in Article 13 of the Trademark Law. If it is stipulated that the use of a trademark violates the provisions of Article 13 of the Trademark Law, the parties concerned may request the administrative department for industry and commerce to prohibit the use. When a party makes a request, it shall submit evidence that its trademark constitutes a well-known trademark. If it is recognized as a well-known trademark by the Trademark Office in accordance with Article 14 of the Trademark Law, the administrative department in charge of Dingshang shall order the infringer to stop using the well-known trademark in violation of Article 10 ter of the Trademark Law, and confiscate and destroy its trademark logo; If the trademark logo is difficult to separate from the commodity, it will be collected and destroyed together. " An Qinghu explained that this supplement is very necessary. The Trademark Law only stipulates the protection procedure of the exclusive right to use a registered trademark: if the exclusive right to use a trademark is infringed, the parties may "bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it" (Article 53); "The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use trademarks according to law." . However, when a well-known trademark is used by others by plagiarism, imitation, translation, etc., the procedure for the owner of the well-known trademark to request "prohibition of use" does not exist, that is, the protection procedure of the well-known trademark right is not clearly defined. Therefore, this supplement to the Regulations on the Implementation of the Trademark Law is not only important, but also particularly necessary. -Article 53 of the Regulations for the Implementation of the Trademark Law stipulates: "If a trademark owner thinks that others may deceive the public or cause misunderstanding to the public by registering his well-known trademark as the enterprise name, he may apply to the enterprise name registration authority for cancellation of the enterprise name registration. The competent authority for enterprise name registration shall handle it in accordance with the Provisions on the Administration of Enterprise Name Registration. " An Qinghu explained that there are special provisions on the conflict between enterprise names and well-known trademarks in Order No.56 of the State Administration for Industry and Commerce, and the joint proposal lists it as one of the three major signs that may conflict with well-known trademarks. This time, the State Council wrote it into the Regulations for the Implementation of the Trademark Law, which reflected the legal concern of the higher authorities in China on this issue. The editor recommended the criminal special protection of well-known trademarks, the way to identify well-known trademarks and the way to protect well-known trademarks.