Legal analysis: The cross-category prohibition right of well-known trademarks comes from the scope of protection of well-known trademarks, and generally speaking, it can cover the following:
1. The trademark applied for registration of the same or similar goods is a well-known trademark that is copied, imitated or translated by others, which may easily lead to confusion, so it is not registered and prohibited to be used.
2. If the trademark applied for registration for different or similar goods is a copy, imitation or translation of a well-known trademark registered by others in China, misleading the public and possibly damaging the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
3. If a registered trademark violates the relevant provisions of the Trademark Law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.
4. if 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. If it is recognized as a well-known trademark by the Trademark Office in accordance with the provisions of Article 14 of the Trademark Law, the administrative department for industry and commerce shall order the infringer to stop using the well-known trademark in violation of the provisions of Article 13 of the Trademark Law and confiscate and destroy its trademark logo; Where it is difficult to separate trademark marks from commodities, they shall be collected and destroyed together.
5. If the owner of a well-known trademark 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.
6. If another person's domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, it shall be deemed that his registration and use of the domain name constitute infringement or unfair competition.
legal basis: article 14 of the trademark law of the people's Republic of China shall, at the request of the parties concerned, identify a well-known trademark as a fact that needs to be identified in handling trademark cases. The following factors should be considered when identifying a well-known trademark: (1) the awareness of the trademark by the relevant public; (2) the duration of the use of the trademark; (3) the duration, degree and geographical scope of any publicity work of the trademark; (4) The record that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. In the process of trademark registration examination and investigation of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination on the well-known situation of the trademark. In the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, make a determination on the well-known trademark. In the process of trying trademark civil and administrative cases, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, make a determination on the well-known trademark.
producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.