1. What are the conditions that a well-known trademark should meet
1. Well-known The conditions for trademark application include: the subject is qualified; the principles of case identification and special protection must be followed; factors such as the relevant public’s awareness of the trademark, the record of the trademark being protected as a well-known trademark, the duration of continuous use, and other factors must be taken into consideration.
2. Legal basis: According to Article 13 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China", the holder of a trademark that is well known to the relevant public believes that it When your rights are infringed upon, you may apply for well-known trademark protection in accordance with the provisions of this Law; if the trademark applied for registration for the same or 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. .
2. What are the principles for the recognition of well-known trademarks
1. The principle of well-known within the domain. Trademark rights are territorial. A trademark registered in one country is only protected by the laws of that country within the territory of that country. If it exceeds the scope of that country, it is not protected by other countries. A certain trademark may have high market evaluation and public recognition in a certain country, but because the goods are not sold in other regions, it may not have much visibility in other countries, and there is no way to protect the well-known trademark. In my country, although the recognition of trademark well-knownness does not need to be registered in my country, the principle of intra-territoriality, that is, the principle of domestic well-knownness, should be adhered to.
2. The principle of case needs. Determine whether the mark used on the same or similar goods as the registered trademark misleads relevant consumers, and whether the mark is consistent with the registered trademark.Identical or similar trademarks are not a prerequisite for determining whether the registered trademark is well-known.
3. The principle of active review. In well-known trademark cases, a proactive and ex officio review of the well-known facts should be adopted. If after investigation, there are still doubts about the main evidence, the well-known facts should not be determined.
The principle of proactive review requires trademark owners to enhance their evidence awareness and strengthen their burden of proof. , supplemented by necessary court investigations, can effectively avoid being misled by some evidence with defective probative power, thereby strengthening the reliability and authority of identifying well-known trademarks. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
