How to identify well-known trademarks
There are currently three ways to apply for recognition of a "well-known trademark":
a. Pass a trademark opposition case and be recognized by the Trademark Office of the State Administration for Industry and Commerce;
b. Pass the trademark dispute case of the State Administration for Industry and Commerce Determination by the review committee;
c. In trademark management cases Certified by the Trademark Office of the State Administration for Industry and Commerce. Applicants can choose the most suitable way according to their own convenience. After determining the way to apply for well-known trademark recognition, they need to provide the following judicial identification materials:
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 and geographical scope of advertising and promotional activities , types of promotional media, amount of advertising 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 of the main products using the trademark in the past three years, Sales volume, sales revenue, profits and taxes, sales area and other relevant materials.
Relevant legal provisions
The "Trademark Law of the People's Republic of China" stipulates:
Tenth Article 3 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law. For identical or similar trademarks,If the trademark applied for registration for 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. If a trademark applied for registration for different or dissimilar 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, registration will not be granted and use will be prohibited.
Article 39 The validity period of a registered trademark is ten years years, calculated from the date of approval of registration.
Article 40 The registered trademark has expired and needs to be continued If the trademark is used, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to handle the renewal during this period, a six-month extension period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
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