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驰名商标是指经过长期使用,具有良好信誉,为消费者普遍知晓的商标,在许多国家,驰名商标的保护范围比一般商标要广,这些国家在商标法中对驰名商标作了特殊规定,比如,驰名商标不适用先申请原则,当他人用与未注册的驰名商标相同或者相似的商标申请注册时,会被注册机关以混淆为由而予以驳回;又比如,商标法中规定的某些禁用条款,如关于描述性商标的规定不适用于驰名商标;此外,在一些国家,驰名商标还可以取得防御注册等等。
Well-known trademarks refer to those trademarks that have been widely used for a long time and have good reputation and are generally known to consumers. In many countries, the protection of well-known trademarks is broader than that of common trademarks. These countries make special provisions on well-known trademarks in the Trademark Law, for example Well-known trademarks do not apply to the principle of first application, when others apply for registration with the same or similar unregistered well-known trademarks, they will be rejected by the registration authority on the ground of confusion. For another example, some prohibitions stipulated in the Trademark Law Terms, such as the provisions on descriptive trademarks do not apply to well-known trademarks; In addition, in some countries, well-known trademarks can also obtain defensive registration and so on.