Intellectual Property Law: What are the special protection measures for well known trademarks in Chi

Updated on society 2024-02-16
4 answers
  1. Anonymous users2024-02-06

    The Trademark Law provides the following protection measures for well-known trademarks: If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of a well-known trademark of another person that has not been registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

    In the case of bad faith registration, the owner of a well-known trademark is not subject to the five-year time limit.

    Legal basis: Article 13 of the Trademark Law shall not be registered and the use of a trademark that is identical or applied for registration shall not be registered and shall be prohibited if it is a copying, imitation or translation of an unregistered well-known trademark of another person, which is likely to cause confusion. If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or reproduction of a well-known trademark that has been registered in China by another person, misleading the public, causing the interests of the well-known person to be harmed, it shall not be registered and its use shall be prohibited.

  2. Anonymous users2024-02-05

    Legal Analysis: The Trademark Law has the following protection measures for well-known trademarks:

    Legal basis:1Paragraph 2 of Article 13 of the Trademark Law provides that if a trademark applied for registration of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that has not been registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

    2.Paragraph 3 of Article 13 of the Trademark Law provides that if a trademark for registration of an unidentical or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by another person, misleading the public, causing the interests of the registrant of the well-known trademark to be harmed, the trademark shall not be registered and its use shall be prohibited.

    3.Paragraph 2 of Article 45 of the Trademark Law provides that the owner of a well-known trademark is not subject to a five-year time limit for malicious registration.

  3. Anonymous users2024-02-04

    According to the provisions of China's laws and relevant judicial interpretations, the special protection of well-known trademarks in China's Trademark Law includes: 1. Trademarks that are well known to the relevant public can be protected as well-known trademarks; 2. Establish and improve the supervision and inspection system for the recognition of well-known trademarks; 3. The determination follows the principle of case case recognition and passive protection. Legal basis:

    Article 13 of the Trademark Law of the People's Republic of China provides that the holder of a trademark that is well known to the relevant public may apply for protection of a well-known trademark in accordance with the provisions of this Law if he believes that his or her rights have been infringed. If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. Article 4 of the Provisions on the Recognition and Protection of Well-known Trademarks follows the principles of case-by-case identification and passive protection.

    Article 19 The administrative departments for industry and commerce at all levels shall establish and improve the supervision and inspection system for the recognition of well-known trademarks.

  4. Anonymous users2024-02-03

    Analysis of legal dissipation: According to the provisions of China's laws and relevant judicial interpretations, the special protection of well-known trademarks in China's trademark law includes: 1. Trademarks that are well known to the relevant public can be protected in accordance with well-known trademarks; 2. Establish and improve the supervision and inspection system for the recognition of well-known trademarks; 3. The determination follows the principles of individual case identification and passive protection.

    Legal basis: Article 13 of the Trademark Law of the People's Republic of China.

    If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

    Article 4 of the Provisions on the Recognition and Protection of Well-known Trademarks.

    The recognition of well-known trademarks follows the principle of identification and passive protection of the enterprise on a case-by-case basis.

    Article 19. The administrative departments for industry and commerce at all levels shall establish and improve the supervision and inspection system for the recognition of well-known trademarks.

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