Legal analysis: Trademarks, like copyrights and patents, are a type of intellectual property. Trademarks are subject to the principle of voluntary application. Trademarks can be used without application, but they must not infringe on other people's registered trademarks, nor can they exclude others from using them. They can only be used by themselves. A registered trademark can exclude others from using the same or similar trademark on the same or similar goods. That is, once a trademark is registered, its scope of protection is greater than the scope of use. The scope of use is limited to the approved category of goods, and the scope of protection is also expanded. to similar trademarks and similar goods. Especially for well-known trademarks, registered well-known trademarks can achieve cross-class protection, which can exclude others from using logos that are identical or similar to registered well-known trademarks in all categories. The protection of an unregistered well-known trademark is equivalent to that of a registered common trademark, which excludes others from using the same or similar logo on the same or similar goods.
Legal basis: "Trademark Law of the People's Republic of China"
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.