"Well-known Trademark" (Well-known TrademarK), also known as a well-known trademark, 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 and became its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks in accordance with the provisions of the Convention has become an important part of my country's trademark legal work.

The following factors should be considered when determining a well-known trademark:

(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) The record of the trademark being protected as a well-known trademark;

(5) Other factors that make the trademark famous.

According to the provisions of the judicial interpretation, if a party requests protection for a well-known trademark that has been recognized by the administrative authority or the People's Court, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review it. If an objection is raised, the People's Court shall review it in accordance with Article 14 of the Trademark Law.

Currently, the Intellectual Property Tribunal of the Supreme Court is summarizing years of experience in judicial protection of trademarks and refining the specific implementation standards for the identification of these elements.

In the U.S. trademark protection system, state anti-dilution laws play an important role. The theory of dilution is a unique concept in American law. "Dilution" includes the following three aspects:

1. Defame the relevant well-known trademark in a certain way;

2. Degrade the relevant well-known trademark in a certain way;

3. Indirect misinterpretation causes consumers to misunderstand the trademark as the common name of the relevant goods. However, the trademark must be a famous trademark. Only famous trademarks in the United States have the right to prohibit others from diluting it.

my country

my country's legislation on the protection of well-known trademarks is relatively late. The "Interim Provisions on the Recognition and Management of Well-known Trademarks" extends the protection of well-known trademarks mainly 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. If it has been registered, the registrant of a well-known trademark may request the Trademark Review and Adjudication Board to cancel it.

2． Improper use is prohibited

Using a trademark that is identical or similar to another's well-known trademark on non-similar goods will imply that the product has some connection with the well-known trademark registrant, which may cause the well-known trademark registrant to If the rights and interests of a well-known trademark are harmed, the registrant of a well-known trademark may request the industrial and commercial administrative agency to stop it.

3. Prohibited to be used 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 shall not If the trademark has been registered, the registrant of the well-known trademark may request for cancellation. 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.

Administrative determination

1. Determination in trademark opposition

Determination authority: Trademark Office

Legal basis: "Well-known Trademark Recognition and Protection Provisions"

(Order No. 5 of the State Administration for Industry and Commerce, April 17, 2003)

Article 4, paragraph 1, where the party believes that another person’s trademark that has been preliminarily reviewed and announced violates the Contents stipulated in Article 13 of the Trademark Law.

2. Recognition in trademark disputes

Recognition authority: Trademark Review and Adjudication Board

Legal basis: "Provisions on the Recognition and Protection of Well-known Trademarks"

(Order No. 5 of the State Administration for Industry and Commerce, April 17, 2003)

The party in paragraph 2 of Article 4 believes that a trademark that has been registered by others violates the provisions of Article 13 of the Trademark Law.

3. Recognition in trademark management

Recognition authority: Trademark Office

Legal provisions: "Regulations on the Recognition and Protection of Well-known Trademarks"

(Order No. 5 of the State Administration for Industry and Commerce, April 17, 2003)

Judicial Determination

1. Determination in the trial of trademark infringement cases

Determination Organ: The People's Court that heard the case

Legal provisions: The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes

(Supreme People's Court on October 12, 2002 The 1246th meeting of the Adjudication Committee passed the Interpretation (2002) No. 32)

Article 22: When hearing trademark dispute cases, the People’s Court may, based on the requests of the parties and the specific circumstances of the case, decide on the parties involved. Whether a registered trademark is well-known shall be determined in accordance with the law.

The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.

2. Determination in the trial of domain name infringement cases

Determination authority: the People’s Court hearing the case

Legal provisions: The Supreme People’s Court’s Notice on Trials Involving Computer Networks Interpretation of Several Issues on the Application of Law in Domain Name Civil Dispute Cases

(Adopted by the Supreme People’s Court Judicial Committee at its 1182nd meeting on June 26, 2001, Fa Interpretation (2001) No. 24)

No. Article 6 When hearing a domain name dispute case, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law.