Every brand’s demise has its own reasons, either due to natural aging, encountering emergencies, or suffering from some brand disease. Although some companies are trying their best to protect these brands, due to improper methods and methods, they have fallen into the misunderstanding of brand protection, resulting in people who are only keen on judging and awarding various names, and are keen on rankings, which has become a Activities such as which brands are recommended by industries and which brands are most trusted by consumers, and the market share is played, it can be said that you sing and I appear.
However, the reality is not optimistic. Most companies in our country still have a perceptual awareness of brand protection. There is neither deep theoretical discussion nor much practice. Therefore, some misunderstandings about brand protection inevitably arise. Nowadays, an extremely important reason why many companies request the National Trademark Office to recognize their trademarks as well-known trademarks is that their trademarks have been registered by others abroad or there are trademark disputes. If the Trademark Office issues a well-known trademark recognition document, they can have It is helpful to solve the contradiction of preemptive registration of trademarks. Therefore, whether the Trademark Office can issue certificates of well-known trademarks seems to be the key to resolving trademark disputes abroad.
Some even believe that as long as it is a well-known trademark recognized by the Trademark Office, it can enjoy comprehensive protection in all member countries of the Paris Convention for the Guarantee of Industrial Property, and its trademark can be unimpeded. It is true that all member countries of the Paris Convention for the Protection of Industrial Property have the obligation to protect well-known trademarks, but well-known trademarks do not really have such privileges in international protection. There are extremely strict conditions for the international protection of trademarks, which mainly include the following points:
1) Member countries of the "Paris Convention for the Protection of Industrial Property" must protect according to their own national laws. If there is no provision in this regard in the laws of that member state, any certificate issued by a third country will not be effective.
2) To determine whether a trademark is well-known, it should be well-known in the country where the trademark is registered or the country where the trademark is used, and must be recognized by its trademark authority. It is not conditional on being well-known in the country of origin, nor is it based on the identification of the trademark authority of the country of origin. Even if a foreign trademark enjoys high popularity in its own country and is recognized as a well-known trademark by its own country, but it is rarely known in the country of use, it will not be recognized as a well-known trademark by the trademark authority of the country of use and enjoy special protection. This is the principle that well-known trademarks should be protected in foreign countries.
3) The well-known trademark certificate issued by the country of origin to other countries is only a reference document when hearing trademark cases in other countries, and is not a substantive document. Judging from the practice in recent years, when dealing with international trademark disputes, no foreign trademark authorities have proactively contacted the my country Trademark Office for any request for a well-known trademark certificate. All Chinese companies have applied on their own. From the perspective of the effect of issuing documents, it is also extremely limited, because the key to judgment is whether the trademark is truly well-known in the country of use.