How long is a well-known trademark protected?

Generally, a registered trademark is valid for ten years. If the trademark holder continues to use the trademark after the validity period expires, he or she needs to apply for registration again. Trademark holders can also authorize others to use their registered trademarks, as long as they sign a trademark authorization contract. Regarding the question of how long a well-known trademark can be protected, the editor of Legal Savior Network will give you a detailed answer below.

1. How long is a well-known trademark protected?

Well-known trademarks, It refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation and strong competitiveness. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels. Ordinary trademarks can only be protected by law and enjoy trademark exclusive rights in the categories of goods or services that are approved for registration; while well-known trademarks receive varying degrees of cross-category protection due to their originality and distinctiveness;

Legal basisArticle 39 of the Trademark Law stipulates that the validity period of a registered trademark is 10 years, calculated from the date of approval of registration.

2. Factors that should be considered in the determination of well-known trademarks

(1) The degree of awareness of the trademark by the relevant public;

( 2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous .

YesAs evidence that the trademark is well-known

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising;

(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, and sales of the main products using the trademark in the past three years area and other related materials.

3. What are the conditions for famous trademark applications?

Applying for a famous trademark is helpful to enhance the competitiveness of products. The application conditions for famous trademarks mainly include the following:

1. Both registration and actual use of the trademark are required More than four years (including four years);

2. The trademark has a high reputation and is deeply loved by consumers (users);

3. Products using this trademark have large sales volume, wide sales area and high market share;

4 , The goods or services using the trademark are of good quality, have low consumer (user) complaint rate, and have good after-sales service;

5. Goods using the trademark Or the main economic indicators (such as annual sales, sales or operating income, net profit, tax) in the past three years have been among the best in the same industry in the province;

6. The trademark has a wide advertising coverage and covers a large area;

7. The owner of the trademark has a strong trademark awareness and a complete businessIt is a trademark management agency that attaches great importance to the use, management and protection of trademarks;

In the past three years, the trademark owner has not infringed on the registered trademarks of others when actually using the trademark. Copyright behavior;

8. If the goods approved for use by the trademark are export goods, the trademark should be registered in the relevant country (region) and have a wider range of sales area.

Famous trademark product quality requires product quality to achieve double excellence, company quality, environment, and safety management to meet international standards, and to be certified and recognized by national authoritative organizations.

Trademarks can be approved as long as they meet the conditions for registration. Generally, it takes one to one and a half years from the application for trademark registration to the successful registration. If the registered trademark does not meet the registration conditions, the trademark registration application will be rejected by the Trademark Office. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.