Well-known trademark protection scope, recognition principles...... This episode of the Beijing French tour lecture will take you to understand the hot issues of trademark administrative cases-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Well-known trademark protection scope, recognition principles...... This episode of the Beijing French tour lecture will take you to understand the hot issues of trademark administrative cases

Release Time：

2022-07-06

Recently, Tang Lei, assistant judge of the fourth Trial Division of the Beijing Intellectual Property Court, trained all the people's jurors on hot and difficult issues in trademark administrative cases.

In order to further improve the ability of people's jurors to perform their duties, ensure that people's jurors participate in trial activities according to law, promote judicial justice, and enhance judicial credibility, Tang Lei, assistant judge of the fourth Trial Division of the Beijing Intellectual Property Court, recently conducted training for all people's jurors on hot and difficult issues in trademark administrative cases.

In combination with specific cases, Tang Lei explained the well-known trademarks involved in the trial of trademark administrative cases, commercialization rights, and illegal registration of others' trademarks, and at the same time, through interaction with the people's jurors, effectively stimulated the people's jurors' interest in the teaching content, so that the people's jurors have a better understanding of the Trademark Law. After class, jurors have said that through the training gained a lot, to participate in the jury work after a lot of help.

Let's take a look at the hot and difficult issues in trademark administrative cases

Why is the scope of protection of well-known trademarks larger than that of ordinary trademarks?

Generally speaking, the scope of protection of registered trademarks is often limited to the part of the goods approved for use, and the use of others outside the scope of approved goods is usually not restricted.

But the reason why the well-known trademark than the general registered trademark greater scope of protection, mainly out of three aspects of consideration. First of all, from the perspective of consumers, with the improvement of trademark popularity, ordinary consumers' understanding of the scope and boundary of trademark protection will become more vague, and they may mistakenly believe that the goods within the scope of non-approved goods are also provided by well-known trademark rights holders, or there is a specific correlation between the two. Secondly, from the perspective of the owner of a well-known trademark, the higher the popularity of the trademark, the greater the goodwill and commercial value it carries. Improper use by others will unreasonably cling to the popularity and reputation of the well-known trademark, and will also lead to the reduction of the significance of the well-known trademark itself. Finally, from the perspective of the whole market environment, giving a wider range of protection to well-known trademarks is also to maintain a fair and honest market competition order.

Principles for the recognition of well-known trademarks

The recognition of well-known trademarks usually insists on case recognition, on-demand recognition and passive recognition. Case determination refers to being recognized as a well-known trademark in other cases, which does not necessarily lead to being recognized as a well-known trademark in this case, and shall be determined after reviewing the actual situation of the case; On-demand determination means that the people's court determines whether it constitutes a well-known trademark according to the actual needs of the case trial. If other trademark legal provisions can be applied for protection, it is not appropriate to directly use the well-known trademark provisions. Passive determination means that when the people's court tries a trademark dispute case, it shall determine whether it is well-known according to the request of the party. If the party has not applied for the protection of the well-known trademark, the court cannot take the initiative to examine whether it is well-known according to its authority.

Article 44, paragraph 1, of the Trademark Act

According to the provisions of Article 24 of the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases concerning Trademark Authorization and Right Confirmation, "other improper means" refers to acts that disrupt the order of trademark registration by other means than cheating, damage public interests, improperly occupy public resources, and seek improper interests.

There are mainly the following points to note in the application of this clause:

1. Applicable objects: both registered trademarks and trademarks that are being applied for registration.

2. Applicable subject: Usually applicable to the original applicant registrant of the trademark, but if there is evidence to prove that there is a specific relationship between the current right holder and the original applicant registrant, or there is an intentional connection to the application for registration of the disputed trademark, this clause can also be applied, so as to prevent the squatters from circumventing this clause by malicious transfer of the trademark.

3. The specific manifestation of "other improper means" : for example, applying for the registration of multiple trademarks that are identical or similar to the commercial logos of other entities, including trademarks with strong significance of others, enterprise names, packaging and decoration; For example, apply for the registration of multiple trademarks that are identical or similar to place names and building names with certain popularity; For example, the trademark applicant has to sell the trademark, or the high price transfer failed to bring infringement litigation to the previous trademark user.

Source: Intellectual Property Beijing

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