How to identify and protect well-known trademarks
(1) The determination of a well-known trademark shall be based on Article 10 of the Trademark Law The provisions of Article 4 consider the following factors, but it does not presuppose that the trademark must meet all of the following factors:
(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 efforts for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous
(2) The recognition of well-known trademarks shall be based on Article 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulations, review the following evidence materials proving 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) Proof of any publicity work for the trademark Relevant materials on the duration, extent and geographical scope of advertising and promotion activities, including the methods of advertising and promotional activities, geographical scope, types of promotional media and the amount of advertising;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including that the trademark has been used in China or other Relevant materials protected as well-known trademarks in countries and regions;
(5) Other evidence materials proving that the trademark is well-known, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.
Protection of well-known trademarks
span>1. The trademark applied for registration for the same or similar goods is Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.
2. Different or similar products If the trademark applied for registration is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.
3. Registered trademarks violate trademark law According to relevant provisions, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule to cancel the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.
4. Use of trademarks violates Trademark Law Article 13 According to the provisions of this article, the relevant parties may request the industrial and commercial administrative department to prohibit the use. If the Trademark Office determines that a well-known trademark is a well-known trademark in accordance with the provisions of Article 14 of the Trademark Law, the industrial and commercial administration department shall order the infringer to stop using the well-known trademark in violation of Article 13 of the Trademark Law, and seize and destroy its trademark logo; If the logo is difficult to separate from the product, they will be collected and destroyed together.
5. The owner of a well-known trademark believes that others have used it If a well-known trademark is registered as a business name and may deceive or cause misunderstanding to the public, you may apply to the competent authority for business name registration to cancel the registration of the business name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".
6. If another person’s domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark, it shall be determined that its registration and use of the domain name constitutes infringement or unfair competition. .
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