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在诉争商标为“原告在先知名商标+与他人在先商标相同或近似商标”的结构模式下:由于诉争商标包含有原告较高知名度的商标和与引证商标相同或近似的商标,相关公众看到引证商标时,亦容易将引证商标与原告建立联系,从而对商品来源产生混淆误认。原告在先知名商标的商誉延续仍应保留在其付出市场努力的在先知名商标市场范围之内,不应侵入他人在先相同或近似商标的市场。如将在先知名商标的商誉自然延续至他人在先相同或近似商标,则容易导致在先知名商标可以凭借其较高的知名度任意侵入他人市场,如果他人经营实力相对较弱,很容易因尚未通过公平竞争就被不正当地排挤出该市场,这将有悖公平竞争的市场规则。
Under the structural model that the competing trademark is “the plaintiff’s a priori trademark + the same or similar trademark as the previous one,” because the competing trademark contains a trademark with a higher reputation of the plaintiff and the same or similar trademark as the cited trademark When the relevant public saw the quoted trademark, it was also easy to establish a link between the quoted trademark and the plaintiff, thereby confusing and mistaken the source of the goods. The prolongation of the goodwill of the plaintiff in a well-known trademark shall remain within the well-known mark-to-market of the market for its efforts in the market and shall not intrude into the market of the same or similar prior trademark. If the goodwill of a former well-known trademark is naturally extended to the same or similar trademark previously enjoyed by others, it may easily result in the prior well-known trademark entering the market at will by virtue of its higher popularity. If the operating power of others is relatively weak, It has been unfairly excluded from the market without fair competition, which would run counter to the rules of fair competition.