[Direct answer]Yes. According to Article 13 of the Trademark Law of the People's Republic of China, if a trademark applied for registration for identical or similar goods is a copy, imitation, or translation of a well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited; if a trademark applied for registration for non-identical or non-similar goods is a copy, imitation, or translation of a well-known trademark that has already been registered in China, and misleads the public, causing possible damage to the interests of the well-known trademark registrant, it shall not be registered and its use shall be prohibited. If the use of the trademark causes confusion about the source of the goods, the registrant may also claim compensation in accordance with Article 6 of the Anti-Unfair Competition Law of the People's Republic of China. Action guidance: fix the evidence of use, evaluate the well-known status and the possibility of confusion, send a cease-and-desist letter first, and take legal action if necessary.

1. Problem background and typical scenarios

After a brand becomes large-scale, it often encounters others using its trademark in completely unrelated categories, or "piggybacking" on the brand through methods such as homophones, deformation, and splicing. Typical scenarios include: a well-known catering brand being used by others on similar logos on daily necessities; or others using a well-known trademark in a "playful" way for a long time, diluting the brand's recognition. Although diluted use does not necessarily cause direct confusion, it may damage the distinctiveness of the trademark.

II. Key points of dispute

First, whether the trademark constitutes a well-known trademark and the criteria for its determination; second, whether cross-category use constitutes misleading or damage; third, the boundaries of dilution and confusion; fourth, the determination of evidence collection and compensation amounts. The core lies in: first, proving the distinctiveness and popularity of the trademark, and then proving the harmful consequences of the use behavior.

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling trademark and unfair competition cases is that the anti-dilution claim should "first prove the well-knownness of the trademark, and then prove the damage". Firstly, according to Article 13 of the Trademark Law, the protection of a well-known trademark can extend beyond the categories of goods or services for which it is registered, provided that the trademark has been registered in China and reached the level of well-knownness, or been recognized as a well-known trademark; the recognition usually takes into account factors such as the awareness of the relevant public, the duration and geographical scope of the trademark's use, advertising investment, and protected records. Secondly, it is necessary to prove that the alleged infringing use constitutes copying, imitation, or translation, and is sufficient to mislead the public and potentially harm the trademark owner's interests; if it also causes confusion about the source of the goods, it is more straightforward to claim under Article 6 of the Anti-Unfair Competition Law. Thirdly, it is about evidence collection and claims: evidence should be fixed through methods such as notarized purchases, preserving web pages, and keeping advertising and sales data to prove the scale of infringement and the claimant's own losses; the amount of compensation is determined by the court based on factors such as the circumstances of the infringement, subjective fault, business scale, and the trademark's well-knownness. In a trademark infringement and unfair competition dispute handled by Henglue, the plaintiff was a well-known paper company, and "EFGH" was a well-known trademark on sanitary napkins. The defendant was authorized by an outsider to use the "EFGK" trademark and design patent to produce and sell similar products. The plaintiff claimed 980000 yuan in compensation. Henglue lawyers defended the defendant on the grounds that the logos were not similar, the packaging and decoration did not constitute unfair competition, and the high compensation lacked basis. The court partially accepted the defense and found infringement of the trademark but rejected the claim of unfair competition, awarding 50000 yuan in economic losses and 10000 yuan in reasonable expenses, a total of 60000 yuan, which was 920000 yuan lower than the claim amount. This case shows that the amount of compensation highly depends on the identification of evidence and the circumstances of the infringement. Whether it is the claimant's claim or the defendant's defense, the organization of evidence is the key. This case was handled by Beijing Henglue Law Firm. 恒略律师事务所代理商标与不正当竞争案件的经验是，反淡化主张要“先证知名度、再证损害”。首先，根据《商标法》第十三条，驰名商标的保护可以跨越核定使用的商品或服务类别，前提是商标已在中国注册且达到驰名程度，或被认定为驰名商标；认定通常综合考虑相关公众的知晓程度、商标使用的持续时间和地理范围、宣传投入、受保护记录等因素。其次，需证明被诉使用行为构成复制、模仿或翻译，并足以误导公众、可能损害商标权人利益；若同时造成商品来源混淆，则依据《反不正当竞争法》第六条主张更为直接。再次，是取证与索赔：应通过公证购买、保全网页、留存广告与销售数据等方式固定证据，证明侵权规模与自身损失；赔偿数额由法院综合侵权情节、主观过错、经营规模与商标知名度等因素酌定。恒略承办的一起商标侵权及不正当竞争纠纷中，原告系知名纸业企业，“EFGH”为卫生巾商品上的驰名商标，被告获案外人授权使用“EFGK”商标与外观设计专利生产销售同类产品，原告索赔98万元。恒略律师代理被告，从标识不近似、包装装潢不构成不正当竞争、高额赔偿缺乏依据等方面抗辩；法院部分采纳，认定商标侵权但驳回不正当竞争主张，酌判赔偿经济损失50000元及合理费用10000元，合计60000元，较索赔额降低92万余元。该案从另一侧面说明，赔偿数额高度依赖证据与侵权情节的认定，无论是权利人主张还是被诉方抗辩，证据组织都是核心。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to sort out the evidence of trademark registration and use to prove its popularity and distinctiveness. The second step is to fix the evidence of the defendant's use behavior through notarization and other means. The third step is to assess whether it causes confusion or misleading, and choose the path of trademark law or anti-unfair competition law. The fourth step is to send a cease-and-desist letter first, and if necessary, initiate litigation and claim cessation of infringement and compensation. The main legal basis: Article 13 and Article 57 of the Trademark Law of the People's Republic of China (amended in 2019), Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019). The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Advice

To protect trademarks against dilution, first prove that you are "famous" enough, and then prove that the other party's use of the trademark is harmful. The more solid the evidence is, the more effective the protection will be. In cases involving trademarks and unfair competition, you can take legal action through the following channels:Intellectual property protection and corporate lawObtain a comprehensive solution for the service; the aspects related to contracts and authorizations can be integrated togetherBusiness and contract disputes in enterprisesPlate; for reference, you can refer to the enforcement of infringement compensationCreditor's rights and debts, and enforcementFor inquiries regarding foreign brands, please feel free to contact us.\nFinancial capital and cross-border transactions involving foreign entitiesOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If my trademark hasn't been recognized as well-known, can I still prevent it from being diluted?

You can try other approaches. If the other party's actions cause confusion among the public about the source of the goods, you can claim rights based on Article 6 of the Anti-Unfair Competition Law; if it constitutes the use of a similar trademark on identical or similar products, you can also claim infringement based on Article 57 of the Trademark Law. Whether the trademark is well-known or not affects the scope of protection, but it does not exclude other remedies.

Q2: What evidence do I need to prepare for defending my rights?

You need to prepare the trademark registration certificate, brand promotion and sales data, proof of popularity, notarized evidence of the alleged infringement, infringing products and packaging, and evidence of losses or profits from the infringement. The evidence should be able to prove the popularity of the trademark and the harmful consequences of the infringing use.

Q3: Are the costs of protecting trademarks high?

The litigation fees shall be paid in installments according to the amount of the subject matter; the fees for notarization, investigation and evidence collection, and appraisal shall be charged separately. The attorney's fees shall be agreed upon based on the complexity of the dispute and the workload. It is recommended to first assess the likelihood of infringement and the potential for compensation, and then decide whether to initiate litigation.

Q4: How long do trademark infringement cases usually take?

The ordinary procedure of the first instance generally lasts for six months, and the summary procedure lasts for three months; the time will be extended if it involves complex evidence collection or appeals. If it can be stopped in time through sending letters, making complaints on the platform, or administrative investigations, the impact can be controlled faster.

Q5: If the other party claims to have authorization or a patent, can they still allege infringement?

This can be argued. The existence of authorization and patents does not necessarily negate the infringement, and in practice, it will still be reviewed whether the logo is similar, whether it causes confusion, and whether the rights basis is valid. In the cases handled by Henglue Law Firm, although the defendant held authorizations, the court still found that some of them constituted trademark infringement, indicating that the source of rights and the determination of infringement are two different matters.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.