The cross-class protection of well-known trademarks not only expands the protection scope of trademarks but also blurs the lines between the rights of trademark owners and the freedom of actions of third parties.To ensure predictability of market entities in terms of their behaviors,China has established the principle of"necessary-only"recognition for cross-class protection of well-known trademarks,wherein the determination of whether the trademark in question is well-known or not is examined only when necessary to address disputes in the case.As an alternative to cross-class protection,some trademark owners choose to register defensive trademarks in advance.The defensive trademark registered by the trademark owner clearly delineates the boundary of the trademark rights and the permitted actions of third parties,making it the preferred choice;trademark owners seeking to exclude others beyond the approved scope of goods may choose cross-class protection of well-known trademarks in litigation,which serves as the secondary form of protection.Only when trademark infringement cannot be established even after considering registered defensive marks,but there is a likelihood of consumers'misidentification,should the recognition of well-known trademarks be initiated.Despite the need to offer a broader scope of protection to well-known trademarks,the mechanism for protecting such trademarks should adhere to the registration system of trademark law.
well-known trademarknecessary-only recognitiondefensive trademarkfunction of registration
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