How to identify well-known trademarks in China
According to the provisions of China’s Trademark Law, the following should be considered when determining a well-known trademark Factors:
(1) The relevant public’s opinion of the trademark Level of awareness;
(2) Use of the trademark The duration of the trademark;
(3) The duration of the trademark The duration, extent and geographical scope of any promotional efforts;
(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 determine the well-known When applying for a trademark, the above factors should be comprehensively considered, but it is not assumed 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 the history and scope of use and registration of the trademark Relevant materials;
(3) Proof of the trademark Materials related to the duration, extent and geographical scope of any publicity work, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including the trademark’s history in Relevant materials protected as well-known trademarks 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, etc. of the main products using the trademark in recent yearsrelated materials.
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