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Well-known trademark protection in China and overseas has been registered by risk aversion

Abstract article on understanding the concept of well-known trademark, a detailed exposition of how to establish strong brand awareness, consciously strengthen the protection of trademarks; and how to enhance the protection, trademark infringement to rights protection after the hope of to domestic enterprises to go abroad, to better explore the international market and help provide useful lessons. Key words well-known trademarks; be registered; risk aversion well-known marks in English on the translated introducing the concept of formal legal text is the March 1985 after China's accession to the Paris Convention, to assume the obligations under the Paris Convention, member countries of the Paris Convention provides effective protection of famous trademarks. Since 1989, the state administration of industry and commerce Board formally recognized China's well-known trademarks. February 1995 meeting of the State Intellectual Property Office to develop well-known trademark. imitation, translation, etc., will be another well-known trademarks have been in the public register Here the 1996 年 8 14, State Administration for Industry promulgated a that enjoy a high reputation in the market and well known to the relevant public a registered trademark. standards should be higher than the As economic globalization is speeding up, well-known trademarks have become important means of international market competition, trademark, cybersquatting has become an important competitor to suppress the small. According to latest statistics from the SAIC, currently has 15% of the well-known trademarks have been registered abroad, including more than 80 well-known trademarks were registered in Indonesia, nearly 100 well-known trademark was registered in Japan, nearly 200 well-known trademark was registered in Australia; Wuliangye in Korea, the United States Konka, Hisense in Germany, Kelon in Singapore have suffered the fate of the trademark was registered. Registered trademark abroad each year from more than 100 cases involving cosmetics, beverages, household appliances, clothing, culture and other industries. Domestic well-known, well-known trademark protection of product names and country of origin registered abroad has become a popular offshore registered trademark of the peak of China, for which domestic enterprises can not be taken lightly. Enhance the well-known trademark must be self-protection awareness of the situation in time to adjust to new policies and strategies, being registered offshore to avoid the risk of trademark. First, establish a strong brand awareness, timely, scientific trademarks are registered trademarks of goods to a certain stage of economic development, the market is extremely competitive similar products from different vendors to make their own production product has a special symbol to distinguish it from other similar products, allowing users to buy selectively generated. It represents the quality of a commodity-specific, specification, reflecting the commodity producers, operators of the credibility of the enterprise's image. Market economy period, the trademark is recommended to the consumer goods companies to improve product awareness, increase product sales a powerful weapon. Therefore, the trademark as part of industrial property, the corresponding countries in the world have enacted laws to protect it. Chinese enterprises to go out, we must establish brand awareness, especially to prevent the trademark was registered abroad, to strengthen the awareness of international registration of trademarks, intellectual property protection system to include trademarks, trademark protection of intellectual property to do work. Make good use of international trademark registration system, and build defense network, to avoid the risk has been registered outside. China in 1989, 1995, has joined the Madrid Agreement and Madrid Protocol, has become the Madrid Union. Domestic enterprises should make good use of this method, registered trademarks, expand the international market. Commonly referred to as the Madrid International Registration of Marks refers to the system of international registration of marks, but do not think that international registration of trademarks, including all the world countries, like Laos, Vietnam, are not members of the Madrid Agreement,[link widoczny dla zalogowanych], to enter the markets of these countries to the countries to be one by one up. Yunnan The results were registered by the Lao new battery factory, resulting in Yunnan The same time also pay attention to international trademark registration strategy, according to the different international requirements to obtain trademark rights, to take corresponding countermeasures. First use in the implementation of the principle of countries, that is who should use whoever owns trademark rights, such as the United States, Britain,[link widoczny dla zalogowanych], Australia, Canada, Singapore and other countries, should use of trademarks as soon as possible, and pay attention to the collection and use of trademarks in those countries locked in the evidence, including contracts, advertising, promotional materials, etc., to prevent the rights being registered and the international. Even if the trademark was registered, you can program or trademark opposition proceedings, trademark back. First up in the implementation of the principle of countries, that whoever will come to have a registered trademark. Such as Japan, South Korea, Spain, Italy and other countries should apply for registration as soon as possible, to prevent being registered. According to the provisions of regional trademark protection, trademark, once registered by the success of the enterprises are registered trademarks in the country or can not use this trademark in the region, if the violation constitutes an infringement. China's Second, strengthen the protection of famous trademarks Under normal circumstances, the scope of trademark protection is limited to prohibiting the same or similar products in the same or similar trademarks, the trademark can not fight others use the same product in different or similar trademarks. Paris Convention Article 6 bis of the protection of famous trademarks, is limited to prohibit the whole or major part of the well-known trademark by copying, imitation or translation of the same or similar products for the confusion. TRIPS Article 16 would expand the scope of this prohibition does not like to use the goods or services identical or similar mark with the well-known identity in order to avoid misidentification. By well-known trademarks, on the one hand the well-known trademark But this expansion has a limit, that is,[link widoczny dla zalogowanych], China's In a similar or non-similar goods or services registered; In addition, the provisions of the Paris Convention, well-known trademark dispute period of 5 years, while China Trademark Law Article 27 will be generally well-known trademarks and trademarks of the same treatment,[link widoczny dla zalogowanych], uniform regulations for 1 year . It is clear that the prohibition of the other well-known trademark identical or similar trademarks or words of similar goods in the non-application for registration, use, or for the business name, its extent is limited to prohibiting well-known trademark goods and the existence of a contact person,[link widoczny dla zalogowanych], which may make known the registered trademark rights are being infringed. Well-known trademarks have been registered trademark of the dispute is 5 years.