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Is there a publicity period for well-known trademarks? What is a "Well-known Trademark" or "Chinese Well-known Trademark"?
Release Time：
2009-11-13
Published：2009-11-13 16:05 Information source：State Administration for Industry and Commerce Trademark Office
According to the current Trademark Law, the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board, and the People's Courts determine whether a trademark is well known or not in individual cases according to the law, so there is no so-called publicity period.
"Well-known trademark" is an internationally recognized legal term that refers to a trademark that is widely known to the relevant public and has a high reputation. Well-known trademark is an important legal concept in the field of intellectual property. Internationally, the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) have made relevant provisions on the protection of well-known trademarks. China's Trademark Law and its implementing regulations clarify the identification and protection of well-known trademarks in the form of law. There is no concept of "China Well-known Trademark" in our laws and regulations. However, according to the definition of Article 2 of the Regulations on the Recognition and Protection of Well-known Trademarks, "Well-known trademarks refer to trademarks that are widely known to the relevant public and enjoy high reputation in China" and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws to the Trial of Cases Involving the Protection of Well-known Trademarks, "Well-known Trademarks" means trademarks that are widely known to the relevant public and enjoy high reputation in China. The definition of "Well-known trademark means a trademark which is widely known to the relevant public in China", i.e. a trademark which is widely known to the relevant public in China and enjoys a high reputation, and which has been recognized as a well-known trademark by the competent authorities in China according to the law, shall be given extended protection as a well-known trademark in China according to the law.
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