How to apply for recognition of a well-known trademark
The entire process of well-known trademark recognition is divided into the following five stages:
The first stage: early contact and preliminary judgment;
Second stage: signing the entrustment agreement;
The third stage: preparation of application materials;
The fourth stage: formal declaration stage;
The fifth stage: publicity report, in "China Famous Trademark" magazine and "China Enterprises that have obtained well-known trademarks are promoted on the "Well-known Trademark Network" and entered into the Chinese Well-known Trademark Database.
How Recognized as a well-known trademark
According to China's " According to the provisions of the Trademark Law, the following factors should be considered in determining a well-known trademark:
(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.
The Trademark Office and the Trademark Review and Adjudication Board are identifying well-known trademarks When applying, all the above factors should be considered comprehensively, but this does not presuppose that the trademark must meet all the factors stipulated in this article.
Accordingly, the following materials can be used as evidence to prove 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 Relevant materials on 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) Prove that the trademark is protected as a well-known trademark Recorded relevant materials, 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 production, sales volume, sales revenue, profits and taxes, and sales area of the main products using the trademark in the past three years and other relevant materials.
"Recognition and Protection of Well-known Trademarks" The Provisions point out that a well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. The relevant public includes consumers and manufacturers related to a certain type of goods or services marked by the trademark.Other operators who provide marked goods or services as well as sellers and related personnel involved in distribution channels.
It should be noted that not only the Trademark Office, the Trademark Office The review committee has the power to identify well-known trademarks. When hearing trademark dispute cases, the court may also determine whether the registered trademark involved is well-known according to the request of the parties and the specific circumstances of the case. When the court determines a well-known trademark, it should follow the above five factors for determining a well-known trademark. If a party requests protection for a well-known trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the People's Court, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review the application. If an objection is raised, the people's court will conduct an examination based on the five factors for determining well-known trademarks.
About the well-known trademark application process, the legal savior The editor of the website has compiled it here for everyone, hoping to provide you with some help. During the process of applying for a well-known trademark, the parties concerned can refer to the above content and prepare corresponding materials in advance. This will make it possible to apply for well-known trademark recognition more smoothly.