What are the conditions for the recognition of well-known trademarks
Well-known trademark recognition conditions:
1. The legitimate rights and interests of the trademark owner have been unlawfully infringed upon, and this must be Only when a trademark is recognized as a well-known trademark can its legitimate rights and interests be effectively protected.2. This trademark has good reputation among relevant people A certain degree of popularity.
3. The parties concerned filed an application in accordance with the law.
The so-called well-known trademarks are relatively As far as infringement disputes are concerned, the effectiveness of being protected as a well-known trademark also has a certain scope and intensity. Being recognized as a well-known trademark in this dispute does not mean that it will also enjoy the treatment of a well-known trademark in other infringement disputes. It does not mean that you will receive special protection at any time and within any scope.
Currently, China implements a dual-track system that can be recognized by both the administrative department and the people's court, but it must be submitted by the party concerned. The premise is that the application or request must be based on the damage to relevant rights and interests. The protection of well-known trademarks is also different from that of ordinary trademarks which are limited to the same or similar goods. Well-known trademarks adopt cross-class protection. As long as they are recognized as well-known trademarks, other companies This well-known trademark may not be used on any of its products.
Administrative recognition: Most of China's well-known trademarks have always been recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board). Compared with the People's Court, the proportion of well-known trademarks recognized by it is larger. In trademark registration, When disputes arise during the use and review process, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board can determine whether the trademark constitutes a well-known trademark based on the request of the party and based on specific facts.
Recognized by the Trademark Office: To apply for recognition of a well-known trademark, you must pass the Industrial and Commercial Administration Bureau of the local province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureaus) submit relevant materials. The provincial industrial and commercial bureaus will promptly submit the relevant application materials that have passed preliminary review and signed opinions by mail to the Trademark Office of the State Administration for Industry and Commerce. Finally, the Trademark Office of the State Administration for Industry and Commerce will identify Whether the trademark is well-known. When a dispute arises during the trademark registration process, if the relevant party believes that its trademark constitutes a well-known trademark, it can also request the Trademark Office to determine that its trademark is well-known. At this time, it should submit evidence that its trademark constitutes a well-known trademark.
Approved by the Trademark Review and Adjudication Board: in accordance with the Trademark Law and Regulations It stipulates that when a dispute arises during the trademark review process, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Review and Adjudication Board to identify a well-known trademark. At this time, the relevant party shall submit evidence materials that its trademark constitutes a well-known trademark in accordance with the law.
Determination by the People's Court: When hearing trademark dispute cases, 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.
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