How long is the protection period for a well-known trademark?
A well-known trademark refers to one that is widely known and enjoyed by the relevant public in China A trademark with higher reputation and stronger 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 in the categories of goods or services that are approved for registration and enjoy the exclusive right to use trademarks; while well-known trademarks receive varying degrees of cross-category protection due to their originality and distinctiveness; Article 39 of China’s Trademark Law stipulates : "The validity period of a registered trademark is 10 years, calculated from the date of approval of registration."
Factors that should be considered in the identification 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) The Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Can be used as evidence to prove that the trademark is well-known
(1) Prove that the relevant public is aware of the trademark Relevant materials to prove the extent of use of the trademark;
(2) Relevant materials to prove the duration of use of the trademark, including the history and scope of use and registration of the trademark;
(2) Relevant materials to prove the duration of use of the trademark;
p>(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, and publicity media of advertising and promotional activities Types and advertising volume and other relevant materials;
(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, Sales area and other related materials.
Well-known trademarks enjoy high visibility and competitiveness, and are protected by law. Generally, the protection period for well-known trademarks is ten years. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.
