Two cases of well-known trademark protection (1) unregistered well-known trademarks. Paragraph 1 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is easily confused, it shall not be registered and prohibited from being used. It can be seen that unregistered well-known trademarks enjoy the exclusive right similar to ordinary registered trademarks.
(2) registered well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on different goods or similar goods is a well-known trademark that has been registered in China by others. If it misleads the public and may harm the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited. It can be seen that the registered well-known trademark registrant has the right to prohibit others from registering or using its well-known trademark on a certain range of non-similar goods, and even has the right to prohibit others from using its well-known trademark as part of the enterprise name.
Specifically, expanding the protection of well-known trademarks is mainly reflected in the following three aspects:
(1) Where an application for registration of a trademark identical with or similar to another person's well-known trademark on a non-similar commodity may harm the rights and interests of the registrant of the well-known trademark, the Trademark Office of the State Administration for Industry and Commerce shall reject its application for registration; If the applicant refuses to accept it, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination; If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it within five years from the date of registration, but there is no time limit for malicious registration.
(2) Where a trademark identical with or similar to another person's well-known trademark is used on non-similar goods, and it is implied that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the administrative department for industry and commerce to stop it within two years from the date when he knows or should know.
(3) Since the date when a well-known trademark is recognized, if others use the same or similar words in the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration; If it has been registered, the registrant of a well-known trademark may request the administrative department for industry and commerce to cancel it within two years from the date when it knows or should know.
The trademark protection scheme is as follows: 1. Register first and then use the trademark.
Unregistered trademarks do not enjoy exclusive rights, and others can use them. If the trademark of an enterprise is used first and then registered, it will be easily counterfeited or registered by others; Once registered by others, the enterprise will be passive, and it will take time and effort to recover the trademark, and it is uncertain whether it will succeed. If the exclusive right to use a trademark is lost, enterprises are likely to lose developed markets, and examples in this regard are not uncommon. Therefore, enterprises should register before using trademarks. In view of the long period of trademark registration (it takes more than one year from application to approval), it is best to register more spare trademarks in advance to meet the needs of enterprise development.
2. Choose a trademark with unique design.
Under the premise of not violating the prohibitive clauses in Articles 10 and 11 of the Trademark Law, a trademark should be marked with distinctiveness and distinctiveness as far as possible, so that consumers can see it at a glance and never forget it. If you blindly imitate other people's trademarks, you may not only infringe on other people's prior rights, but also ruin your reputation.
3. Choose the trademark that consumers like.
The use of trademarks is directly oriented to consumers in goods or services, so the following factors should be considered when choosing: (1) It should be easy to remember (easy for consumers to remember) and easy to see (eye-catching, outstanding and impressive). (2) Pay attention to the pronunciation of trademarks. The pronunciation of trademark words should be catchy, convenient for consumers to call and easy to convey information. (3) Pay attention to the politics, religion, customs, habits, language and other factors of different countries and nationalities, and avoid words and figures that cause adverse consequences. Like what? Blue sky? Trademark translation? Blue sky? Yes, but it was left out in the cold after entering the American market. What is the reason? Blue sky? In English? Irrevocable bonds? Meaning.
4. Register a defensive trade mark.
National defense trademark? Refers to trademarks registered to prevent others from using their registered trademarks, including defensive trade mark and joint trademarks. Defensive trademark means that the trademark owner registers his trademark on other non-similar goods, which can expand the scope of protection of registered trademark rights. A joint trademark refers to the registration of two or more similar trademarks on the same or similar goods, such as an application? Jianwei Bao? Then register? Bao Jianwei? 、? Wei Jianbao? And other trademarks, but it should be noted that in trademark transfer, joint trademarks may not be transferred separately, but must be transferred together.
5. International registration of trademarks.
If an enterprise does not register its trademark in a foreign country, when its products are exported to that country, if its trademark has been registered, it is in danger of being sued for infringement. Therefore, considering the long-term development, enterprises should do a good job in international trademark registration. At present, the most convenient, time-saving and labor-saving system is the Madrid international registration system, through which the exclusive right to use a registered trademark can be protected in the member countries of the Madrid Agreement or Protocol. The procedure is simple and the registration fee is much cheaper than that of a single country.
6. The unified trademark is the same as the enterprise name.
It is best for enterprises to use the registered name of a trademark as the font size. This can effectively prevent others from using a well-known trademark as a font name in the name of an enterprise, misleading the public and damaging the legitimate rights and interests of the enterprise. The unification of trademark and font size is beneficial to the publicity of enterprises and the memory and distinction of consumers.
7. Highlight the promotion of trademarks.
In product packaging, some enterprises often highlight the common name of goods, ignore the use of trademarks, and put trademarks in an inconspicuous position, becoming? Little button? ; In advertising, there are various ways to introduce goods and enterprises, but avoid using trademarks. Ignoring the use and promotion of trademarks cannot help consumers? Recognize the card to buy goods? , make the trademark lose the function of distinguishing the source of goods and services, and the popularity of the trademark naturally cannot be improved.
That's what Bian Xiao has to offer you? What about trademark protection? I hope you like it!
Trademark protection