驰名商标在商标法第几条

In the context of Chinese trademark law, a "well-known trademark" (驰名商标) refers to a mark that is widely recognized by the relevant public for the goods or services it represents. This recognition is typically based on the mark's reputation, popularity, and influence in the market. The legal framework for well-known trademarks in China is primarily governed by the Trademark Law of the People's Republic of China (中华人民共和国商标法).

Definition and Criteria for Well-Known Trademarks

According to Article 13 of the Chinese Trademark Law, a well-known trademark is defined as a mark that is widely known to the relevant public and enjoys a certain reputation. The criteria for determining whether a mark qualifies as well-known include:

1. Extent of Use: The mark must have been extensively used and promoted in China, leading to its recognition among consumers.

2. Distinctiveness: It should possess distinctive features that set it apart from other marks in the same industry or sector.

3. Reputation: The mark must have gained a reputation for quality, reliability, and other positive attributes among consumers.

4. Protection across Classes: Well-known trademarks are entitled to broader protection beyond their registered classes, preventing others from using similar marks in unrelated fields.

Legal Protection for Well-Known Trademarks

Article 13 of the Trademark Law specifically addresses the protection of well-known trademarks. It states that where a trademark identical or similar to a well-known mark is used on unrelated goods or services, and this usage is likely to cause confusion among the public or harm the interests of the well-known mark owner, it shall be deemed an infringement.

Additionally, Article 14 of the Trademark Law prohibits the registration of trademarks that are identical or similar to well-known marks, even if the goods or services are not related, if such registration is likely to mislead the public or harm the interests of the well-known mark owner.

Legal Procedures and Enforcement

The protection of well-known trademarks involves legal procedures such as filing complaints with the China National Intellectual Property Administration (CNIPA) or initiating legal action through the courts. Owners of well-known marks can seek remedies such as injunctions, damages, and the destruction of infringing goods.

Furthermore, China is a signatory to international treaties and agreements related to intellectual property rights, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These agreements reinforce the protection of well-known trademarks by establishing international standards for trademark protection and enforcement.

Conclusion

In conclusion, the legal provisions for well-known trademarks in China, as outlined in Articles 13 and 14 of the Trademark Law, provide robust protection for marks that have attained significant recognition and reputation. This framework aims to safeguard the rights and interests of trademark owners while promoting fair competition and consumer protection in the marketplace.