How to become a well-known trademark

Compared with the application for registered trademark, the application for well-known trademark recognition is more stringent. In practice, many people are unable to obtain well-known trademark certification after applying for well-known trademark recognition. This may be because the materials they prepared are incomplete. , the procedures were not completed. So how to become a well-known trademark? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content, hoping to be helpful to you.

How to become a well-known trademark

Registered in accordance with current trademark laws, regulations, rules and judicial interpretations There are five legal ways for enterprises with trademarks to obtain the title of "well-known trademark":

1. Apply directly to the Trademark Office of the State Administration for Industry and Commerce for recognition of a well-known trademark.

Enterprises can apply to the local industrial and commercial bureau for recognition of well-known names Apply for a trademark and submit relevant evidence proving that the trademark is well-known. After investigation and verification by the local industrial and commercial bureau, the application will be recommended and reported step by step, and finally recognized by the Trademark Office of the State Administration for Industry and Commerce.

2. During the ongoing trademark opposition procedure, apply to the Trademark Office of the State Administration for Industry and Commerce for recognition of a well-known trademark.

China’s Trademark Law stipulates: “If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and its use will be prohibited. It will not be the same or inconsistent. If a trademark applied for registration for similar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, it will not be registered and will be prohibited from use. "If an enterprise believes that others have If a trademark that has been preliminarily reviewed and announced by the Trademark Office violates the provisions of the Trademark Law, you can file an objection with the Trademark Office of the State Administration for Industry and Commerce in accordance with the provisions of the Trademark Law and its implementing regulations, and submit a certificate while requesting not to register another person's trademark. Relevant evidence of the well-known trademark of one's own trademark shall be requested by the Trademark Office to recognize that one's own trademark is a well-known trademark.

3. In the ongoing trademark dispute proceedings At the same time, apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition as a well-known trademark.

When an enterprise believes that someone else’s registered trademark violates the " "Trademark Law" provides that in accordance with the relevant provisions of the Trademark Law and its implementing regulations, you can submit relevant evidence to the Trademark Review and Adjudication Board to prove that your trademark is well-known, and while requesting a ruling to cancel the improperly registered trademark, you can also request the Trademark Review and Adjudication Board to determine that your trademark is well-known. The trademark is a well-known trademark.

4. During the administrative processing of trademark infringement, Apply to the industrial and commercial administration authorities for recognition of well-known trademarks.

When an enterprise believes that the trademark used by others infringes its own For the exclusive right to use a trademark, one can submit a written request to prohibit its use to the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurs, and submit relevant evidence to prove that one's trademark is well-known. Apply to the Trademark Office of the State Administration for Industry and Commerce to recognize your trademark as a well-known trademark.

5. In the ongoing civil litigation proceedings for trademark infringement, apply to the People's Court to recognize a well-known trademark in accordance with the law.

When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, decide whether the registered trademark involved Whether a well-known trademark is determined in accordance with the law. The determination of a well-known trademark should be carried out in accordance with the provisions of Article 14 of the Trademark Law. Accordingly, when an enterprise's trademark rights are infringed by others, the enterprise can submit a certificate when filing a civil lawsuit in the People's Court. Relevant evidence materials that your trademark is well-known, request the People’s Court to recognize your trademark as a well-known trademark.

The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.