Defensive trade mark refers to several identical trademarks registered by well-known trademark owners on goods (services) or similar goods (services) approved for use by registered trademarks, so as to prevent others from registering and using the same trademarks on these categories of goods or services. The original trademark is the main trademark, and the rest are defensive trade mark.
Trademark infringement from real market activities in defensive trademarks is a common phenomenon of "cloning" trademarks, which seriously affects the trademark reputation or corporate reputation of trademark owners. Although China's relevant laws and regulations have stipulated the phenomenon of trademark "cloning" and adopted special protection measures, it is limited to well-known and prominent trademarks that are "well known to the public" and cannot be protected. Therefore, the registration of defensive trademarks seems to be to protect themselves.
According to Article 51 of China's Trademark Law (200165438+1the second revised edition on October 27th), "the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use". Obviously, the scope of the exclusive right to use a trademark is strictly limited and does not involve non-similar goods or services. In essence, trademark infringement is generally limited to the same or similar goods and services with competitive relations. Generally speaking, the use of trademarks identical with or similar to others' trademarks on non-similar goods or services that are not competitive does not constitute infringement. Therefore, in real market activities, people often take advantage of this point intentionally or unintentionally. They don't want to rely on their own efforts, but copy or imitate others' original trademarks at will, especially those with a certain popularity, and use or register them in other categories of goods or services beyond the approved use scope of the trademark, in an attempt to take advantage of the influence of well-known trademark brands for many years to "hitchhike", deceive the public and gain the benefits of unfair competition. This phenomenon of "trademark cloning" is widespread in today's market activities, which easily causes consumers to confuse the source of goods or enterprises and seriously affects the trademark reputation or corporate reputation of trademark owners.