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Introduction to the scope of protection of registered well-known trademarks

2018-05-04 17:36:09

Well-known trademarks have become known trademarks, is the need for China State Processing and Industry Administration Bureau, according to the application of enterprises, Guangfang identified a type of trademark, sub-China is widely known by the public and enjoys a high reputation of trademarks. The protection of well-known trademarks is not limited to the same or similar goods or services, but will not be registered and prohibited when different or similar goods are applied for registration or use, so well-known trademarks are more extensive exclusive rights. Moreover, the name of well-known trademark holders and the domain name of the website will be subject to special legal protection different from ordinary trademarks.

Introduction to the scope of protection of registered well-known trademarks

Special protection of well-known trademarks: 1, ordinary trademarks can only be registered in the category of goods or services to receive legal protection, enjoy the right to exclusive use of trademarks; The well-known trademark, with its originality and distinctiveness, receives different degrees of cross-class protection. 2, well-known trademarks can fight against other malicious squatting 3, other may not be the well-known trademark as a domain name registration 4, other may not be the well-known trademark as a name registration 5, increase the gold content of the brand, appreciate the intangible assets of the enterprise, expand the face of the enterprise, enhance the market competitiveness of the enterprise 6, enterprises can specify trademark intellectual property strategy accordingly, Such as the transfer and licensing of non-main application trademarks, gain a lot of income from trademark disciplines and transfers 7, increase the public's recognition of enterprises, increase the intensity of infringement and counterfeiting, at the same time, in other areas such as investment, credit and get more preferential and support 8, such as endorsement or infringement in foreign countries, the recognition of well-known trademarks is undoubtedly a decisive chip. Enterprises can file a cancellation or protection application to the relevant main agency for the cross-class protection of well-known trademarks: 1, from the legal provisions, well-known trademarks are not subject to full protection, can only be obtained and different degrees of cross-class protection, that is to say, according to the well-known degree of well-known trademarks, to obtain different degrees of cross-class protection. Haier, because its well-known degree is very high, the industry and Commerce Department in the cross-class protection almost covers the whole class, but some well-known degree is not very high well-known trademarks, some will not cause the public misleading category will not be protected 2, in actual practice, the State Administration for Industry and Commerce recognized well-known trademarks, cross-class protection is more. When the Trademark Office reviews trademark registration applications and the Department of Industry and Commerce inspects enterprise name applications, it generally takes care of well-known trademarks, that is, if the applied registered trademark is a copy, imitation or translation of a well-known trademark that has been registered in China by others, and is ready to apply for registration on different or similar goods, The Trademark Office will generally take the initiative to not approve the registration of these trademarks, and local industry and commerce departments will also take the initiative to not approve the same or similar names with well-known trademarks through judicial recognition, it is difficult to enjoy such treatment, because the well-known trademarks recognized by the local intermediate courts, and did not agree to record and unified announcement in the State Administration for Industry and Commerce. The Trademark Office and the local industrial and commercial bureaus do not know that he is a well-known trademark recognized by the court, of course, they will not take the initiative to give protection. 4. When a well-known trademark recognized by the court encounters other infringements, it can only raise objections or disputes by itself, or bring a lawsuit to the court. 5, the judicial protection of well-known trademarks can be divided into two levels: it is also the protection at the registration stage, and the second is the protection at the trademark infringement stage after registration


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