Special legal protection of well-known trademarks
Answer: 1. Unregistered well-known trademarks. Paragraph 1 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is easily confused, it shall not be registered and prohibited from being used. It can be seen that unregistered well-known trademarks enjoy the exclusive right similar to ordinary registered trademarks. 2. Register a well-known trademark. Paragraph 2 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on different goods or similar goods is a well-known trademark that has been registered in China by others. If it misleads the public and may harm the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited. It can be seen that the registered well-known trademark registrant has the right to prohibit others from registering or using its well-known trademark on a certain range of non-similar goods, and even has the right to prohibit others from using its well-known trademark as part of the enterprise name. Specifically, the expansion of protection is mainly reflected in the following three aspects: (1) If an application for registration of a trademark identical with or similar to another person's well-known trademark on a non-similar commodity may damage the rights and interests of the registrant of a well-known trademark, the Trademark Office of the State Administration for Industry and Commerce shall reject its application for registration; If the applicant refuses to accept it, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination; If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it within five years from the date of registration, but there is no time limit for malicious registration. (2) Where a trademark identical with or similar to another person's well-known trademark is used on non-similar goods, and it is implied that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the administrative department for industry and commerce to stop it within two years from the date when he knows or should know. (3) Since the date when a well-known trademark is recognized, if others use the same or similar words in the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration; If it has been registered, the registrant of a well-known trademark may request the administrative department for industry and commerce to cancel it within two years from the date when it knows or should know.