摘要
Docket No.:1857,second instance(终),civil case(民),(2019)Guangdong Higher People's Court(粤)Lower Court Docket No.:1211,first instance(初),civil case(民),(2017)Guangzhou Intellectual Property Court(粤73)SUMMARY OF THE ARGUMENT If the right holder of a well-known trademark files a civil lawsuit with the court in the course of administrative litigation with the trademark infringer with respect to the validity of the alleged infringing registered trademark and requests the infringed infringer to stop the infringement act and compensate for its loss,the people's court shall accept the case,and shall not reject the case on the ground that it is a dispute between two registered trademarks.In those cases involving the aforementioned issues,the right holder of a well-known trademark is entitled to request the recognition of a well-known trademark and the special protection of the distinctiveness of the well-known trademark,even if the lawsuit is filed by the right holder against the infringement act of using the well-known trademark on the identical or similar goods.
