What are the criteria for identifying well-known trademarks
According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:
1. The relevant public’s knowledge and awareness of the trademark;
2. The duration of use of the trademark;
3. The duration, extent and geographical scope of any publicity work for the trademark;
4. The trademark is protected as a well-known trademark Records;
5. Other factors that make the trademark famous.
Trademark registration review and industrial and commercial administration department investigation and handling of trademarks During the course of an illegal case, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
Make a determination.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court shall make a decision based on the procedures for hearing the case. If necessary, the trademark's well-known status can be determined.
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.
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