according to paragraph 1 of article 13 of the trademark law, the protection of well-known trademarks that are not registered in China is limited to the same or similar goods or services, and this provision does not apply to different or dissimilar goods or services; As for those trademarks of the same or similar goods that have been registered in China, it is obviously an infringement of the exclusive right to use registered trademarks, and this is not the problem to be solved here. From the specific behavior, the infringement of well-known trademarks that are not registered in China is manifested in copying, imitating or translating well-known trademarks that are not registered in China, which is easy to cause confusion. Copying refers to making well-known trademarks into trademarks by printing, copying, imitation refers to making them like well-known trademarks, and translation refers to translating word mark from one language to another. The trademark applied for registration of the same or similar goods or services is a well-known trademark copied, imitated or translated by others that is not registered in China, which is likely to lead to confusion. It is an act of infringement of the exclusive right to use well-known trademarks, and the competent authority refuses to register it and prohibits its use. In China, there have been many examples of protecting unregistered trademarks. For example, the Trademark Office revoked the trademark "Kym and Tu" registered on the same commodity (chocolate) in No.1 Dairy Factory of Zhangjiagang City at the application of Italian Ferriero Co., Ltd. (hereinafter referred to as Ferriero Company). Ferriero Company is one of the four largest chocolate manufacturers in the world, and its trademark "FERREOROCHER and Picture" is well-known in the world (including China). In 1986, the trademark was registered in China, and its products began to enter the China market, and the Chinese characters and graphics of "Kym" were used on its products, but they were not registered. In 1992, No.1 Dairy Factory of Zhangjiagang City registered the trademark "Kym and Tu" in the 3th category of "chocolate" and "candy". The Trademark Office believes that the trademark of Ferriero Company is a well-known trademark, which is registered and used by others on the same or similar goods, which is likely to cause confusion and misunderstanding among consumers. According to the Paris Convention, the trademark "Kym and Tu" of No.1 Dairy Factory in Zhangjiagang City is not approved for registration. Similar cases of protecting unregistered well-known trademarks include "Freon" and "Jeep".
Trademark registration is an important matter. Don't operate blindly. You can avoid a lot of unnecessary troubles by fully understanding it first. You can go to the professional website "Zhiyi. com National Trademark Registration Center" (search on Baidu) to learn more about this aspect. I wish you success. . .