Scope of protection for the use of well-known trademarks Well-known TrademarK, also known as well-known trademarks, first appeared in the Paris Convention for the Protection of Industrial Property sig
Scope of protection for the use of well-known trademarks Well-known TrademarK, also known as well-known trademarks, first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883 (hereinafter referred to as the "Paris Convention"). 》). my country joined the Convention in 1984 and became its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks in accordance with the provisions of the Convention has become an important part of my country's trademark legal work. The scope of protection for the use of well-known trademarks: 1. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of a well-known trademark that has not been registered by others, and is likely to cause confusion, it will not be registered and its use will be prohibited. 2. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered by others, misleading the public, and causing the interests of the well-known trademark registrant to be harmed, the registration will not be granted and the use will be prohibited. . 3. If a registered trademark violates the relevant provisions of the Trademark Law, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. 4. If the use of a trademark violates the provisions of Article 13 of the Trademark Law, the relevant parties may request the industrial and commercial administration department to prohibit the use. If the Trademark Office determines that a well-known trademark is a well-known trademark in accordance with the provisions of Article 14 of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law, and seize and destroy its trademark logo; If the logo is difficult to separate from the product, they will be confiscated and destroyed together. 5. If the owner of a well-known trademark believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, he may apply to the competent authority for business name registration to cancel the registration of the business name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration". 6. If another person’s domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, the registration and use of the domain name shall be deemed to constitute infringement or unfair competition.