What are the comparisons of well-known trademark recognition methods
1. Determination in trademark opposition
During the objection process, it was proposed that the trademark may constitute an infringement of one's own trademark, and at the same time, the applicant applied for recognition as well-known trademark.
Applying authority: National Trademark Office
Difficulty: The target trademark is difficult to find.
Advantages: relatively direct, with few intermediate links.
2. Determination in trademark disputes
File an application for recognition of a well-known trademark during the process of filing for cancellation.
Application authority: National Trademark Office
Difficulties: The target trademark is difficult to find.
Advantages: relatively direct, intermediate Few links.
3. Recognition in trademark management
In the process of cracking down on counterfeiting, the local industrial and commercial bureau found that counterfeiting was frequent. According to the application of the parties concerned, The trademark is recognized as a well-known trademark.
Applying authority: two Level local industrial and commercial bureaus, national trademark offices
Difficulty: involving There are many agencies and intermediate links.
Advantages: Will not cause third-party disputes.
4. Judicial channels
According to the "Regulations of the Supreme People's Court on Article 22 of the Interpretation of Several Issues Applicable Law in the Trial of Civil Trademark Dispute Cases: “When hearing a trademark dispute case, the people’s court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law. ”
Applying authority: Intermediate or above court
Advantages: fewer intermediate links and short cycle.
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