What Is Cross Class Protection?

from Legal provisions For example, well-known trademark Not subject to Full class protection It can only be said that different levels of cross class protection can be obtained, that is to say, it can be obtained to different degrees according to the well-known degree of well-known trademarks. Cross class protection 。 For example, Haier, because the reputation is very high, the industry and commerce departments cover almost all categories in the protection of different classes. However, some well-known trademarks are not very high, and they will not be protected in some categories which will not cause public misleading. For example, a famous brand of lighter is not very well-known. Although it is a well-known trademark, it can not be prohibited from calling someone a certain brand of car.

In practice, the well-known trademarks of the State Administration for Industry and Commerce have been given more protection than other categories. For example, the Trademark Office generally takes care of well-known trademarks when examining the application for trademark registration and the business sector in examining the application of the enterprise name. That is to say, if the trademark registered is copied, copied or translated into a well-known trademark already registered in China, ready to apply for registration on different or similar commodities, the Trademark Office will generally not approve the registration of these trademarks, and the industrial and commercial departments will also voluntarily not approve the same or similar company names.

However, it is hard to enjoy such a treatment as a well known trademark recognized by the judiciary, because the well-known trademarks identified by the intermediate courts of various places are not uniformly filed and unified by the SAIC. The Trademark Office and the local industry and Commerce Bureau do not know that he is a well-known commercial standard identified by the court.

When a court finds a well-known trademark, it can only raise its own objection or dispute when encountering other company's infringement, or bring a lawsuit to the court. When a foreign company takes his well-known trademark as the name of the company, he can only sue the court.

Generally speaking, when a well-known trademark is found to be infringed by a court, it can only be protected by litigation by a well-known trademark enterprise. However, the well-known trademark recognized by the State Administration for Industry and commerce can be protected by the business sector in the event of infringement.