What are the conditions for recognizing a well-known trademark
According to Article 14 of the Trademark Law, consideration should be given to determining a well-known trademark The following factors:
1. The relevant public’s interest in the trademark degree of awareness.
According to the "Provisions on the Recognition and Protection of Well-known Trademarks" It is stipulated that the relevant public includes consumers related to a certain type of goods or services marked by the use of trademarks, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels. 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 rights of the trademark 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. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark.
3. Continuation of any publicity work for the trademark Time, extent and geographical scope
In an increasingly competitive market In today's fierce world, both commodity manufacturers and service operators regard publicity and promotion of their products as top priority, and publicity efforts are constantly increasing. Especially with the development of communication technology and information network technology, television The publicity effect of various publicity media such as , radio, Internet, newspapers and periodicals is becoming more and more obvious. Many public’s knowledge of a certain brand (trademark) comes from various advertisements by manufacturers or operators.
4. The trademark is protected as a well-known trademark Record
If a trademark has been a well-known trademark in our country If the trademark has been protected, the owner of the trademark can provide relevant supporting documents, which is a very important reference value for determining whether the trademark is a well-known trademark. If a trademark has been protected as a well-known trademark abroad, thenThe owner of the trademark can also provide various supporting documents proving that the trademark is a well-known trademark. These documents also play an important reference role when identifying well-known trademarks in my country.
5. Other factors that make the trademark famous
span>This item is a blanket clause to adapt to the continuous development of Actual needs for well-known trademark protection. According to the "Regulations on the Recognition and Protection of Well-known Trademarks", other evidence materials proving that the trademark is well-known include the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.
"Regulations on the Recognition and Protection of Well-known Trademarks" stipulates: “When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider various factors stipulated in Article 14 of the Trademark Law, but this does not assume that the trademark must meet all the factors stipulated in this article.”
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