Whether a well known trademark has international effect or not, and whether the well known trademark

Hello! Well-known trademarks can obtain international mutual protection, well-known trademarks are the "passport" of domestic products exported abroad, and are the only signs that have been protected by international laws in the world, and the international protection of well-known trademarks is clearly stipulated in the Paris Convention for the Protection of Intellectual Property Rights, the Madrid Agreement Concerning the International Registration of Marks, the TRIPS Agreement and the Joint Recommendation on the Provisions for the Protection of Well-known Marks of the World Intellectual Property Organization.

For example, well-known trademarks recognized in China have also been protected abroad, for example, after "Senda" was recognized as a well-known trademark, the problem of trademark squatting in countries and regions such as Australia and Taiwan has been resolved; After "Phoenix" was designated as a well-known trademark, the preemptively registered trademarks of the United States and Indonesia were transferred to the company in accordance with the law. The protection of well-known trademarks in China is not limited to well-known trademarks registered in China, but also includes well-known trademarks registered abroad and used in China, but the scope of protection of the latter is limited to similar goods and services.

Compared with ordinary trademarks, well-known trademarks have a wider scope of protection, which is mainly manifested in:

1. Unregistered well-known trademarks are also protected by the Trademark Law;

2. The scope of protection of well-known trademarks is extended to goods that are not identical or similar.

The specific circumstances of the protection of well-known trademarks are as follows:

1. Fight against malicious squatting;

Article 13 of the Trademark Law: 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 is not 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.

2. Trademark infringement lawsuits filed on the grounds of violation of Article 13 of the Trademark Law;

3. When there is a conflict between a well-known trademark and an enterprise name, if the owner of a well-known trademark believes that others may deceive or misunderstand the public by registering its well-known trademark as an enterprise name, he may apply to the competent authority for revocation of the enterprise name, or file a trademark infringement or unfair competition lawsuit on the grounds that the enterprise name is identical or similar to the well-known trademark;

4. The plaintiff files a civil lawsuit on the grounds that the use of the accused trademark infringes its exclusive right to use the registered trademark, and the defendant may raise a defense or counterclaim on the grounds that the plaintiff's registered trademark is a copy, imitation or translation of its previously unregistered well-known trademark;

5. Resist the influence of identical (similar) trademarks on different goods. If a trademark that is identical or similar to a well-known trademark of another person is used on non-similar goods and implies that the goods have some connection with the trademark owner, thereby causing damage to the rights and interests of the owner of the well-known trademark, the owner of the well-known trademark may, within two years from the date on which he knew or should have known about it, request the industrial and commercial authorities to stop it;

6. When filing and investigating a case of counterfeiting a well-known trademark, it is not subject to the restriction on the amount of the case.

More detailed information could be provided to provide more accurate legal advice.

Hello, the recognition of well-known trademarks has no international effect.

The factors to be considered in the recognition of a well-known trademark are: the record of the trademark being protected as a well-known trademark, the duration and geographical scope of the publicity work, the duration of use, the degree of awareness of the trademark by the relevant public, and other factors stipulated by the law.

[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 14. A well-known merchant shall be determined as a fact that needs to be determined in handling a trademark case at the request of the parties. The following factors shall be considered in the recognition of a well-known trademark:

1) The degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

Legal analysis: Most of China's well-known trademarks are recognized by the State Administration for Industry and Commerce (the Trademark Office and the Trademark Review and Adjudication Board). The following factors shall be considered in the recognition of a well-known trademark:

the extent to which the trade mark is known to the relevant public; the duration of the use of the trademark; the duration, extent and geographical scope of any publicity work for the trademark, etc.

Legal basis: Article 14 of the Trademark Law of the People's Republic of China A well-known trademark shall be recognized as a fact that needs to be determined in handling a trademark case at the request of the parties. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark; 2) the duration of use of the trademark; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known. In the course of trademark registration examination and investigation and handling of trademark infringement cases by the administrative department for industry and commerce, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination of the well-known status of the trademark. In the course of handling trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, make a determination of the well-known nature of the trademark.

In the course of adjudicating a trademark civil or administrative case, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the case, make a determination of the well-known and rough cultivation of the trademark. Producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

The criteria for the recognition of a well-known trademark are as follows: if the party concerned can provide materials that can prove the degree of awareness of the trademark by the relevant public; Materials that can prove the duration of use of the trademark, such as materials on the history and scope of the use and registration of the trademark, may be recognized as a well-known trademark. According to Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, the following materials can be used as evidence to prove the well-known trademark:

1) Relevant materials proving the degree of awareness of the relevant public about the trademark; (2) Relevant materials proving the duration of use of the trademark, including relevant materials on the history and scope of use and registration of the trademark; (3) Relevant materials proving the duration, extent and geographical scope of any publicity work of the trademark, including the manner, geographical scope, type of publicity and advertising volume and other relevant materials; (4) Relevant materials proving the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions; (5) Other evidentiary materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area, and other relevant materials of the main commodities in which the trademark is used in the past three years.

[Legal basis].Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks The following materials can be used as evidence to prove the well-known trademark:

1) Relevant materials proving the degree of awareness of the relevant public about the trademark;

(2) Relevant materials proving the duration of use of the trademark, including relevant materials on the history and scope of use and registration of the trademark;

3) Relevant materials proving the duration, extent and geographical scope of any publicity work of the trademark, including the manner, geographical scope, type of publicity and advertising volume of advertising and activities;

(4) Relevant materials proving the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

The criteria for the recognition of well-known trademarks are as follows:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

Legal basis: Provisions on the Recognition and Protection of Well-known Trademarks Article 3 The Trademark Office and the Trademark Review and Adjudication Board shall, in accordance with the requests of the parties and the needs of examining the number of cases and handling the cases, be responsible for identifying and protecting well-known trademarks in the course of trademark registration examination, trademark dispute settlement and investigation and handling of trademark violation cases by the administrative department for industry and commerce.