In addition to enjoying the exclusive rights of universally registered trademarks, well-known trademarks also enjoy special protection that universal trademarks do not have, which mainly reflects the following two aspects:
① Application for registration and use of trademarks special protection. Article 13 of the Trademark Law stipulates that if a trademark applied for registration is a copy, imitation or translation of a different or dissimilar trademark, it has already been registered in China (it also stipulates that registration is not pursued) If a well-known trademark misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited. Because the owner of a well-known trademark can legally prohibit others from registering the same trademark as his or her own well-known trademark on goods that are not identical or similar; and can also legally prohibit others from registering trademarks for goods that he or she has not registered. Use the same trademark as your own well-known trademark. For the above two points, generally registered trademarks do not have the right to prohibit others from applying for registration and use.
"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" Legal Interpretation 2002 No. 32) Article 1, Paragraph 2 stipulates: Copying, imitating, and translating well-known trademarks registered by others or its main department uses a trademark as a trademark on different or similar goods to mislead the public, causing the interests of the registrant of the well-known trademark to be harmed
, Article 52, Fourth Township of the Trademark Law Acts that cause other damage to the exclusive rights of others to register trademarks;
②Special protection in the registration of enterprise names. Article 13 of the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulates that if the party believes that others have registered the name of its enterprise, which may deceive the public or cause misunderstanding to the public, it may register the enterprise name with If the competent authority applies to cancel the registration of the enterprise name, the competent authority for enterprise name registration shall handle the matter in accordance with the "Enterprise Name Registration Management Regulations". It also explains that after a trademark is recognized as a well-known trademark, the trademark owner can prohibit others from registering the well-known trademark as a business name.
However, the owner of a well-known trademark does not have the right to trace an enterprise name that is identical to a well-known trademark that was formed before it was recognized, that is, it cannot revoke an enterprise name that was identical to a well-known trademark that existed before it was recognized.