What are the conditions for the recognition of well-known trademarks
To determine whether a trademark is a well-known trademark in China, the main criterion is the trademark Enjoy a high reputation in the market and be well known to the relevant public. According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:
(1) Relevant audiences’ awareness of the trademark
According to the provisions of Article 2, paragraph 2, of the "Regulations on the Recognition and Protection of Well-known Trademarks", the relevant public includes consumers related to a certain type of goods or services indicated by the use of trademarks, who produce the aforementioned goods or Other operators providing services, as well as sellers and related personnel involved in distribution channels, etc. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, well-known does not mean that it is recognized by everyone or has a high reputation among all members of the public, but it means that it is well-known among relevant consumers, that is, it does not need to be "widely known".
(2) Duration of use of the trademark
The main way for trademark owners to utilize and exercise their exclusive rights is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property of the trademark can be transformed into material Wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation to perform. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark.
(3) The duration, extent and geographical scope of any publicity efforts for the trademark
In today's increasingly fierce market competition; whether it is a manufacturer of goods or a service operator Everyone regards publicity and marketing of their products as their top priority, and their publicity efforts continue to increase. Especially with the development of communication technology and information network technology, various publicity media such as television, radio, Internet, newspapers and periodicals have become more and more effective. It is becoming increasingly obvious that much of the public’s knowledge of a certain brand (trademark) comes from various publicity campaigns by manufacturers or operators. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can It is relatively clear to know the degree of public awareness of the trademark in a certain area.
(4) Records that the trademark is protected as a well-known trademark
If a trademark has been protected as a well-known trademark in China, then the owner of the trademark can provide relevant supporting documents, which has a very important reference value for determining whether a trademark is a well-known trademark. If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents also play an important reference role in identifying well-known trademarks in my country.
During the actual operation, it is recommended to consult a professional If you have any opinions, ask the professional lawyers of Legal Savior Network to deal with it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
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