1. The geographical scope of well-known trademarks

The essence of a well-known trademark is the objective fact that a trademark is well-known by the competent authorities (including administrative, judicial or quasi-judicial authorities) of a country. The law confirms that since it is an objective fact, there are issues of time and space. The "case-by-case protection, passive identification" model established by my country's current legal protection system for well-known trademarks can well solve the temporal problem of well-known trademarks. However, regarding the spatial problem of well-known trademarks, there is still a need to consider the geographical scope of well-known trademarks. Clarity.

(1) Whether the well-known trademark is limited to a country. Whether a well-known trademark must be well-known within the country - this issue was once the focus of China's intellectual property negotiations on joining the WTO. In September 1999, the Paris Convention for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization adopted the "Joint Recommendations and Commentary on the Provisions for the Protection of Well-Known Trademarks by the Paris Alliance for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization" (hereinafter referred to as the "Provisions for the Protection of Well-known Trademarks"). "Recommendations and Comments on the Protection of Well-known Trademarks") provides a clear answer to this question. Article 2(2)(d) of the "Recommendations and Comments on the Protection of Well-Known Trademarks" stipulates: "Even if a trademark is not owned by any member state, If the trademark is well-known or known to the relevant public, the member state may also determine the trademark as a well-known trademark. ⑾ Although the "Recommendations and Notes on the Protection of Well-known Trademarks" are suggestions and interpretations, it does not require member states to comply. , but our country has joined the WTO and should fulfill its WTO commitments. Domestic administrative regulations and rules should be consistent with international practices and international rules. The "Protection Regulations" issued by the State Administration for Industry and Commerce in 2003 limited the territory of well-known trademarks to China. Although it is reasonable in light of my country's national conditions, it is inconsistent with the spirit of the Paris Convention and the Trips Agreement. . On the other hand, Article 13 of my country’s newly revised Trademark Law stipulates that if a trademark applied for registration on the same or similar goods 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 shall not be registered. and prohibited from use; Article 14 stipulates factors that should be considered when identifying well-known trademarks. These provisions affirm the spirit that well-known trademarks can break through regionalism and be protected. According to the "Protection Regulations", when foreign well-known trademarks are infringed in my country, they cannot receive adequate legal relief.

(2) Is the trademark well-known geographically limited to one area of ??the country or all areas? According to the "Protection Regulations", a well-known trademark refers to a trademark that is widely known to the relevant public in China. It can be "in China" There are two understandings, one refers to being widely known to the relevant public in all 32 provinces, municipalities and autonomous regions across the country, and the other refers to a certain region of China, as long as it is widely known to the relevant public in a certain region of China. Knowledge is sufficient to determine well-known, but the "Protection Regulations" do not explain in detail what it means.