How to identify well-known trademarks and what are the procedures
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; span>
The fourth stage: formal declaration stage;
The fifth stage: publicity report, in the magazine "China's Well-known Trademarks" and "China Well-known Trademark Network" to promote enterprises that have obtained well-known trademarks and enter them into the Chinese Well-known Trademark Database.
How to identify well-known trademarks
According to the provisions of China’s Trademark Law, it is determined that The following factors should be considered for well-known trademarks:
(1) The relevant public’s awareness of the trademark;
( 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.
When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume 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 of use and registration of the trademark and Relevant materials within the scope;
(3) Prove the Relevant materials on 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) Relevant materials proving that the trademark is protected as a well-known trademark, including the trademark Relevant materials that have been protected as well-known trademarks in China or other 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 recent years.
So, how should the definition of well-known trademarks be What is the definition? The "Regulations on the Recognition and Protection of Well-Known Trademarks" states that a well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. Relevant public includes consumption related to a certain type of goods or services indicated by the trademark.operators, other operators who produce the goods or provide services indicated by the trademark, as well as sellers and related personnel involved in the 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.
