Interpretation Of The New Regulations On Identification And Protection Of Well-Known Trademarks

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The Xiaobian of the network introduces the new regulations on identification and protection of well-known trademarks.

Interview playback

Yan Shi

Good morning, netizens.

[10:18]

Host

Why is the definition and protection of well-known trademarks revised? What is the background of this revision? [10:18]

Yan Shi

The revision of the regulations on identification and protection of well-known trademarks is mainly based on two needs: first, the implementation of the new trademark law and the need to deal with relevant cases; and the two is to further standardize procedures, refine standards and clarify responsibilities.

[10:19]

Yan Shi

Specifically, in August 30, 2013, the fourth session of the twelfth NPC Standing Committee deliberated and adopted the decision on Amending the trademark law.

The new trademark law once again established the well-known trademark protection system, clarified the concept of well-known trademarks, and further clarified the principles of identifying well-known trademarks.

The provisions of the original cognizance and protection of well-known trademarks (the original provisions) are important legal documents for the implementation of the trademark law in the industrial and commercial system, and are of great significance for guiding the industrial and commercial departments at all levels to identify and protect well-known trademarks in administrative procedures.

Since its implementation in 2003, the original regulations have played an important role in ensuring the institutionalization, standardization and procedure of well-known trademarks, and establishing the authority of the business sector to identify and protect well-known trademarks.

However, there are still some imperfections in the original provisions, which are mainly due to the fact that the procedure is too principled, the criteria are not specific enough, and the responsibilities are not clear enough. In practice, the way of publishing the results is easy to make the public mistake that the well-known trademark is a kind of administrative examination and approval or honorary evaluation.

Therefore, according to the requirements of the new trademark law, the SAIC based on the careful summing up of the trial experience of the well-known trademark cases, aiming at the problems that need to be solved in the practice of identifying the well-known trademark cases in recent years, we have revised the ideas and targets of "regulating procedures, refining standards and defining responsibilities".

[10:20]

Bao Qing Zhuang

Hello, everyone, I am very glad to communicate with you.

[10:20]

Host

How to understand the "on demand identification" of well-known trademarks in trademark review cases? [10:20]

Bao Qing Zhuang

Business jury is to deal with

In the case of a controversial professional institution, in cases where the Trademark Review and Adjudication Board has tried not to register the case for trademark registration and the case of trademark invalidation, the parties concerned, in accordance with the thirteenth provision of the trademark law, believe that the Trademark Department is trying to copy, imitate and plate its trademark, and may request the trademark review board to recognize its trademark as a well-known trademark and not approve or invalidate the trademark.

If a party requests to identify a well-known trademark, he shall submit corresponding evidence. The Trademark Review and Adjudication Board can determine the well-known trademark situation according to the need for trial.

[10:20]

Bao Qing Zhuang

The significance of identifying well-known trademarks lies in providing stronger protection than ordinary trademarks.

In accordance with the provisions of the thirteenth paragraph and the second, third paragraph of the trademark law, the registration and use of others on the same or similar commodities can easily lead to confusion because of the unregistered well-known trademarks. The well-known trademark holders may request no registration and prohibition of use, which provides protection for similar registered trademarks for unregistered well-known trademarks.

If the interests of a person may be damaged, a well-known trademark holder may request no registration and prohibition of use, which provides protection for registered well-known trademarks, which is stronger than that of a general registered trademark.

[10:22]