pta：让商标保护更严苛

原文：

The new Trademark Law of the People's Republic of China

According to the "Implementation Regulations of the Trademark Law of the People's Republic of China" (hereinafter referred to as the "Implementation Regulations")

The registration certificate shall be valid for ten years from the date of registration. The trademark registration can be renewed for an unlimited number of times for ten years each time. If the trademark registration is not renewed within the specified time

According to article 32 of the "Trademark Law"

(1) the registered trademark has been formally authorized by the trademark owner to another person for use;

(2) the use of the registered trademark is temporarily suspended due to force majeure.

Force majeure refers to irresistible natural disasters

According to article 33 of the "Trademark Law"

The cancellation of a registered trademark shall be published in the "China Trademark Gazette". After the cancellation of the registration of a trademark

In order to strengthen the protection of well-known trademarks

Article 7 of the "Implementation Regulations" stipulates that a trademark that has been well-known to the relevant public at the time of filing a trademark registration application shall be considered as a well-known trademark.

Article 8 of the "Implementation Regulations" stipulates that a trademark that has been well-known to the relevant public for a period of time shall be considered as a well-known trademark.

According to the above provisions

The "Implementation Regulations" also stipulate the criteria for determining whether a trademark is well-known.

Article 9 of the "Implementation Regulations" stipulates that the following factors shall be taken into account in determining whether a trademark is well-known:

(1) the duration

(2) the degree of recognition of the relevant public in the trademark;

(3) the degree of distinctiveness of the trademark;

(4) whether the trademark has been awarded the title of "Well-known Trademark of China";

(5) other factors that can prove that the trademark is well-known.

The above provisions make it clear that the determination of whether a trademark is well-known should be based on the actual situation

The "Implementation Regulations" also stipulate the protection measures for well-known trademarks.

Article 10 of the "Implementation Regulations" stipulates that if a registered trademark is identical with or similar to a well-known trademark and is used on identical or similar goods

Article 11 of the "Implementation Regulations" stipulates that if an unregistered trademark is identical with or similar to a well-known trademark and is used on identical or similar goods

The above provisions make it clear that the well-known trademark shall be protected even if it is not registered

The "Implementation Regulations" also stipulate the evidence that can be used to prove that a trademark is well-known.

Article 12 of the "Implementation Regulations" stipulates that in order to prove that a trademark is well-known

(1) the registration certificate of the well-known trademark;

(2) the award certificate of the title of "Well-known Trademark of China";

(3) the business license or organization code certificate of the trademark owner;

(4) the inspection report of the well-known trademark issued by the trademark authority;

(5) the judicial documents or arbitration awards recognizing the well-known trademark;

(6) the media reports recognizing the well-known trademark;

(7) other evidence that can prove that the trademark is well-known.

The "Implementation Regulations" also stipulate the time limit for filing a petition for the protection of a well-known trademark.

Article 13 of the "Implementation Regulations" stipulates that if a well-known trademark is infringed

The "Implementation Regulations" also stipulate the procedures for the protection of well-known trademarks.

Article 14 of the "Implementation Regulations" stipulates that if a well-known trademark is infringed

Article 15 of the "Implementation Regulations" stipulates that if a well-known trademark is infringed

The "Implementation Regulations" also stipulate the circumstances under which a well-known trademark shall not be protected.

Article 16 of the "Implementation Regulations" stipulates that a well-known trademark shall not be protected if it meets any of the following circumstances:

(1) the trademark is not well-known before the infringement;

(2) the trademark owner does not take reasonable measures to protect the well-known trademark;

(3) the trademark owner does not file a petition for the protection of the well-known trademark with the people's court within two years from the date on which it knows or should know the infringement.

The "Implementation Regulations" also stipulate the burden of proof in the protection of well-known trademarks.

Article 17 of the "Implementation Regulations" stipulates that in a civil suit for the protection of a well-known trademark

The "Implementation Regulations" also stipulate the limitation period for the protection of well-known trademarks.

Article 18 of the "Implementation Regulations" stipulates that the protection of a well-known trademark shall be subject to a five-year limitation period from the date on which the infringer knows or should know the well-known trademark.

The "Implementation Regulations" also stipulate the circumstances under which the trademark shall be considered as having been used.

Article 19 of the "Implementation Regulations" stipulates that the use of a trademark shall be determined in light of the following circumstances:

(1) the trademark is affixed to the commodities or their

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