Well-known trademarks can obtain international mutual protection. Well-known trademarks are the "passport" for domestic products to be exported to foreign countries, and the only symbol protected by international law in the world. The Paris Convention for the Protection of Intellectual Property Rights, the Madrid Agreement on International Trademark Registration, the trips Agreement and the Joint Proposal on the Provisions for the Protection of Well-known Trademarks of the World Intellectual Property Organization clearly stipulate the international protection of well-known trademarks.
For example, well-known trademarks recognized in China have also been protected abroad. For example, after "Senda" was recognized as a well-known trademark, it solved the problem of registered trademarks in countries and regions such as Australia and Taiwan Province Province; After Phoenix was recognized as a well-known trademark, the registered trademarks of the United States and Indonesia were transferred to the company according to law. The protection of well-known trademarks in China is not limited to well-known trademarks registered in China, but also includes well-known trademarks registered abroad and used in China, but the protection scope of the latter is limited to similar goods and services.
Compared with ordinary trademarks, the protection scope of well-known trademarks is wider, mainly in:
1. unregistered well-known trademarks are also protected by the trademark law;
2. The protection scope of well-known trademarks is extended to different or similar commodities.
The details of the protection of well-known trademarks are as follows:
1, against malicious cybersquatting;
Article 13 of the Trademark Law: A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is likely to cause confusion, it shall not be registered and its use shall be prohibited. Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
2. A trademark infringement lawsuit filed in violation of Article 13 of the Trademark Law;
3. When there is a conflict between a well-known trademark and an enterprise name, if the owner of the well-known trademark thinks that the registration of the well-known trademark as an enterprise name by others may deceive the public or cause misunderstanding to the public, he may apply to the competent authority for revocation of the enterprise name, or bring a trademark infringement or unfair competition lawsuit on the grounds that the enterprise name is the same as or similar to its well-known trademark;
4. If the plaintiff files a civil lawsuit on the grounds that the use of the sued trademark infringes on the exclusive right to use the registered trademark, the defendant may file a defense or counterclaim on the grounds that the plaintiff's registered trademark is a copy, imitation or translation of its previously unregistered well-known trademark;
5. Oppose the influence of the same (similar) trademark on different commodities. Where a trademark identical with or similar to another person's well-known trademark is used on non-similar goods, and it is implied that the goods have some connection with the trademark owner, which may damage the rights and interests of the well-known trademark owner, the well-known trademark owner may request the industrial and commercial authorities to stop it within two years from the date when he knows or should know;
6. When investigating and handling cases of counterfeiting well-known trademarks, there is no limit on the amount of cases filed.
More detailed information can provide more accurate legal advice.