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Can well-known trademarks be protected across categories?

Can well-known trademarks be protected across categories?

Yes, well-known trademarks can be protected across categories. According to Paragraph 2 of Article 13 of the Trademark Law of the People's Republic of China: "A trademark applied for registration for identical or similar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing If the interests of the registrant of the well-known trademark may be harmed, the registration shall not be allowed and the use shall be prohibited.”

The holder of a well-known trademark has the right to initiate actions such as counterfeiting, unauthorized manufacturing, and sales that infringe upon his or her well-known trademark. Litigation and obtain corresponding protection, which protection is not limited to the category in which it is registered, but can also cover other categories. This cross-class protection is based on a special protection policy for well-known trademarks and aims to strengthen the protection of trademark rights.

In specific practical operations, the scope of cross-class protection of well-known trademarks will be subject to certain restrictions. For example, for goods or services of different categories, it is necessary to consider whether they are sufficiently similar or related to the goods or services for which the well-known trademark is approved. In addition, factors such as the public’s awareness of the well-known trademark and the nature and circumstances of the infringement also need to be considered.

In summary, well-known trademarks can enjoy cross-class protection, but a comprehensive judgment needs to be made based on relevant factors in specific cases.

Legal basis: Paragraph 2 of Article 13 of the "Trademark Law of the People's Republic of China" stipulates: "A trademark applied for registration for the same or similar goods is a copy, imitation or translation of another person's trademark already registered in China." If a registered well-known trademark misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.”