How is the protection scope of well-known trademarks regulated in China

A trademark is an important property of a company or enterprise, an important mark that distinguishes it from other goods, and one of the most important ways for users to identify it. However, the acquisition of a trademark must go through prescribed procedures, so that other companies cannot infringe the registered trademark of the company. Trademarks are protected by law, and the registrant has the exclusive right to use them. There are differences between "registered trademark" and "unregistered trademark" in China. A registered trademark is a trademark that is protected by law after it is registered with the relevant government departments, while an unregistered trademark is not protected by the trademark law.

2024-06-28 10:25:16 1087 people helped

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How is the protection scope of well-known trademarks regulated in China

in the light of well-known trademark China's laws clearly regulate the scope of protection as follows:
First of all, when the same or similar goods apply Registered trademark In case of copying, imitating or translating a well-known trademark that has not been registered in China and is likely to cause confusion with other brands and confusion of consumers' cognition, this application shall be rejected and such trademark shall be prohibited trademark use.
Secondly, in the same way, if the above acts occur in the application for registration of different types/non similar goods, the trademark should also be rejected, so as not to mislead the general public and thus make the original well-known Trademark right The legitimate rights and interests of the beneficiaries suffer potential damage.
Thirdly, if the registered trademark violates Trademark Law In accordance with the relevant provisions of the Trademark Review and Adjudication Board, within a period of five years from the date of registration, the owner of the trademark or any person who has a direct interest in the trademark may apply to the Trademark Review and Adjudication Board for a ruling to revoke the registered trademark.
In particular, for malicious registration, the owner of a well-known trademark has the right not to be bound by the five-year time limit.
In addition, according to the relevant provisions of the Trademark Law of the People's Republic of China, if any party violates the rules in the process of using a trademark, it can appeal to the administrative department for industry and commerce for compulsory termination of use.
In specific circumstances, if the owner of a well-known trademark believes that others may cheat the public or cause public misunderstanding by using his well-known trademark as an enterprise name for registration without authorization, he may submit an application to the competent authority for enterprise name registration to request the cancellation of the registration of this enterprise name according to law.
The competent authority of enterprise name registration will deal with this in accordance with the Provisions on the Administration of Enterprise Name Registration.
Moreover, if the domain name registered and used by others or its main part constitutes the reproduction, imitation, translation or transliteration of well-known trademarks, we should determine that their registration and use of the trademark constitute infringement and improper competition. Article 13 of the Trademark Law states that if the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may statute To request well-known trademark protection.
If the trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.
The trademark applied for registration in respect of different or similar goods is a well-known trademark that is copied, imitated or translated by others that has already been registered in China, misleading the public and causing the well-known trademark Trademark registration If the interests of people are likely to be damaged, they shall not be registered and their use shall be prohibited.

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