The extended protection of well-known marks is mainly reflected in three aspects:

1. Improper registration is prohibited. If you apply to register a trademark that is identical or similar to someone else's well-known trademark on non-similar goods and may harm the rights and interests of the well-known trademark registrant, the Trademark Office may reject the registration application. The registrant of an already registered well-known trademark may request the Trademark Review and Adjudication Board to cancel it.

2. Improper use is prohibited. If a trademark that is identical or similar to another's well-known trademark is used on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant shall You can request the industrial and commercial administrative authorities to stop it.

3. It is prohibited to use it as a trade name. From the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not register it; if it has been registered, the well-known trademark registrant Cancellation can be requested. Article 13 of my country's revised Trademark Law extends the protection of well-known trademarks to non-similar goods or services, formally establishing the expanded protection of well-known trademarks in legislative form.

Well-known trademarks are known as well-known trademarks. They first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883 (hereinafter referred to as the Paris Convention). my country joined the Convention in 1984. Becomes its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks has become an important part of my country's trademark legal work in accordance with the provisions of the Convention. /p>

Legal Basis

"Trademark Law of the People's Republic of China"

Article 13 If a trademark is well known to the relevant public, the holder believes that it When your rights are infringed, you may apply for well-known trademark protection in accordance with the provisions of this Law.

If the 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. , shall not be registered and shall not be used.

A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China, misleading the public, and causing the well-known trademark to be registered. If the interests of persons may be harmed, registration shall not be allowed and use shall be prohibited.

Article 14 Well-known trademarks shall be determined as facts that need to be determined in handling trademark cases at the request of the parties. Consider the following factors:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) Records of the trademark being protected as a well-known trademark;

(5) Others for which the trademark is well-known

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, Determination of the well-known status of a trademark.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may make a determination of the well-known status of a trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on products, product packaging or containers, or in advertising, exhibitions and other commercial activities.