Compared with ordinary trademarks, well-known trademarks have their own unique and exclusive characteristics, which are mainly reflected in the following three aspects:

1. Monopoly rights that transcend geographical scope

This refers to the exclusive right of a well-known trademark. It is not a trademark exclusive right in the general legal sense, but it transcends the scope of the country and is available to all countries in the world (at least the members of the Paris Convention). protected monopoly rights. That is to say, when a trademark has been recognized as a well-known trademark by the trademark authority in the country of registration or use, if another trademark constitutes an imitation of the well-known trademark and is used on the same or similar goods, it should be rejected or cancelled. Its registration and use is prohibited. These provisions also apply to trademarks whose main part is counterfeit, counterfeit or imitates another well-known trademark and is likely to cause confusion. This can be called "relative protectionism" and has been adopted by various countries in the civil law system. Many countries with common law systems adopt "absolute protectionism", that is, the owner of a well-known trademark not only has the right to prohibit anyone else from using the well-known trademark on the same or similar goods, but also has the right to prohibit the use of the well-known trademark on all other goods. Its well-known trademark.

2. Registration rights beyond the first-to-file principle

With the exception of a few countries such as the United States, most countries in the world adopt the first-to-file principle for trademark registration; foreigners also enjoy six months of priority when applying. , that is, for the same trademark registration application, the registered trademark will be awarded to the first applicant. However, for well-known trademarks, even if others apply first, they are not allowed to register; even if others have applied and been approved for registration, the owner of the well-known trademark has the right to request the cancellation of the registered trademark within a certain period of time. This period is stipulated in the Paris Convention for the Protection of Industrial Property as 5 years (counted from the date of registration); member states can also set the period for requesting a ban on use, but it can only be more than 5 years and cannot be less than the period stipulated in the Paris Convention. The minimum period; if the well-known trademark of another person was obtained or used maliciously through fraudulent means, the right of the owner of the well-known trademark to request revocation is not limited by the time limit. China's "Interim Provisions on the Recognition and Management of Well-Known Trademarks" stipulates that the owner of a well-known trademark has the right to request the cancellation of a registered trademark that is identical or similar to it within 5 years; it also stipulates that there is no time limit for malicious registrations.

3． Strictly restricted transfer rights and licensing rights

The trademark laws of most countries in the world, including China, stipulate that registered trademarks can be transferred and licensed to others. The transfer of a registered trademark is the transfer of the exclusive right to use the trademark between two people. The transferor and the transferee must submit transfer applications to the Trademark Office at the same time. The announcement will be effective only after the Trademark Office approves the announcement. The license to use a registered trademark is valid when the license contract is signed and submitted to the Trademark Office for filing by the licensor. China’s Trademark Law revised in 1993 also stipulates that registered trademarks that have been licensed for use must be marked with the name of the licensee and the origin of the goods on their goods or delicacies to show distinction. Generally speaking, the transfer of registered trademarks in the typical sense is relatively rare, and is more common in licensing. However, all countries have strict restrictions on well-known trademarks, and the transfer of well-known trademarks is prohibited by law. For use licenses, a strict approval and approval system is adopted. In addition to a use contract signed by both parties, it must be approved by the Trademark Office and registered and announced before it is valid to ensure the reputation of a well-known trademark.