Well-known trademarks are not an honor, and there is no question of gold content or authority. The principle is "case identification, passive protection". Well-known trademarks have legal effect only when they are recognized, and they have reference value in other cases.
Well-known trademarks not only have the distinguishing function of general trademarks, but also have strong competitiveness, high popularity and extensive influence. They have been well known and trusted by consumers and operators, and have relevant commercial value. These characteristics make it often the object of infringement. In order to prevent and reduce this kind of infringement, the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-related Intellectual Property Rights have made effective and specific provisions on the special protection of well-known trademarks.
What is a famous trademark?
In order to improve the popularity and market competitiveness of local trademarks and strengthen the protection of famous trademarks, local governments have been carrying out the identification of famous trademarks for a long time. With the increasing market competition, trademark-related intellectual property cases have increased significantly, among which well-known trademarks bear the brunt because of their high reputation, high market share and high added value. 1996, Shanghai promulgated the Interim Measures for the Recognition and Protection of Famous Trademarks in Shanghai, which changed the previous selection recognition and raised the recognition of famous trademarks to the level of special legal protection. As of June 5438+0, 2005, Shanghai Administration for Industry and Commerce has recognized 9 batches of famous trademarks in Shanghai. According to Article 22 of the Interim Measures for the Recognition and Protection of Famous Trademarks in Shanghai, it was recognized as a famous trademark in Shanghai.
(1) Shanghai famous trademarks extend to the protection of enterprise names, and it is forbidden for others to use the names of Shanghai famous trademarks as enterprise names in the same industry or related fields; It has been confirmed.
The existing enterprise name is not retroactive;
(2) Commodities with famous trademarks in Shanghai are regarded as "well-known commodities", and it is forbidden for others to use the unique names, packaging and decoration of famous trademarks in Shanghai without authorization;
(3) It is forbidden for others to dilute, vilify or belittle the famous trademarks of Shanghai in various ways;
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(4) The Shanghai Administration for Industry and Commerce regularly publishes the List of Protection of Famous Trademarks in Shanghai, and sends a copy to the local administrations for industry and commerce. The administrative departments for industry and commerce at all levels have actively intervened in market supervision and law enforcement to strengthen the protection of famous trademarks in Shanghai. Anyone who counterfeits a famous trademark in Shanghai will be severely punished according to the Trademark Law and relevant industrial and commercial regulations;
(5) Expand the registration protection of famous trademarks in Shanghai. When applying for extending the registration protection of famous trademarks in Shanghai, the relevant administrative departments for industry and commerce of this Municipality will give assistance to those who have difficulties.
Coordinate or issue relevant certificates;
(6) Shanghai Consumers Association uses the complaint monitoring network to feed back the market reputation, market share, counterfeiting and infringement of famous trademarks in Shanghai. Where anyone is counterfeited and infringed in other places, the relevant administrative departments for industry and commerce will provide consulting, guidance, coordination and other services. It should be noted that the validity period of famous trademarks in Shanghai is only three years, and you must apply for re-identification after the expiration. Otherwise, the famous trademark qualification will be revoked, and of course it is impossible to continue to enjoy special protection.
In addition, because well-known trademarks are protected by local laws and regulations, their special protection is relatively weak compared with well-known trademarks. Of course, for the famous trademark owners in East China, the Measures for Cooperation in Trademark Management in Six Provinces and One City in East China, signed in Shanghai on June 15, 2004, is undoubtedly a great boon, which extends the special protection of such trademarks to a certain extent.