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驰名商标,顾名思义是指某一商标在比较广泛的范围内被众多的人所知晓,并且具有良好的声誉,就是人们通常所说的名牌。由于我国商标法没有对驰名商标的注册和保护作特别的规定,近年来在实践中发生一些围绕驰名商标的纠纷案件。这些案件大都是:一方当事人趁另一方当事人的名牌商标没有注册,而仅是使用商标的时机,抢先以该商标注册,取得了对其的专用权,排斥未注册人继续使用该名牌商标;或未注册人反驳抢先注册人的注册,从而发生纠纷。对于如何解决此类纠纷案件,在实践中和理论界有不同的做法和主张。驰名商标被他人抢先注册,根据现行商标法的规定,只有注册商标才受到法律保护,的
Well-known trademarks, as the name implies, refers to the fact that a trademark is widely known by many people and has a good reputation, which is commonly referred to as a brand name. As China's Trademark Law did not make any special provisions on the registration and protection of well-known trademarks, in recent years some cases of disputes around well-known trademarks have taken place. Most of these cases are: one party took advantage of the other party's brand name trademark is not registered, but only the opportunity to use the trademark, the first to register the trademark, made its exclusive right to exclude the non-registered person to continue using the brand-name trademark; or The unregistered person refutes the registration of the preemptive registrant and disputes arise. There are different practices and propositions about how to solve such disputes in practice and in theory. Well-known trademarks are the first to be registered by others, according to the provisions of the current Trademark Law, only registered trademarks before being protected by law,