What are the criteria for whether a trademark is well-known?

In judicial practice, only by accurately grasping the essential elements of well-known Trademarks can we ensure the unity of the social and legal effects of trial work, ensure the authority of judicial identification of well-known trademarks, and ensure the healthy and orderly development of judicial identification of well-known trademark trials. What are the criteria for whether a trademark is well-known? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What are the criteria for whether a trademark is well-known

(1) The relevant public’s awareness of the trademark

According to the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant public This includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the 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."

(2) Duration of use of the trademark

The main way for trademark rights holders to utilize and exercise their trademark 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 making it possible for the trademark to appear in the market.Generate popularity 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. 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) Any publicity work for the trademark Duration, extent, and geographic scope

By understanding the The duration, extent and geographical scope of any publicity work for a trademark can give a relatively clear idea of ​​the degree of public awareness of the trademark in a certain area. In accordance with the provisions of the "Regulations on the Recognition and Protection of Well-known Trademarks", relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of publicity media and advertising placement Quantity and other related materials.

(4) The trademark is protected as a well-known trademark Records

If a trademark has been well-known abroad If the trademark is protected, the 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 in identifying well-known trademarks in my country. According to the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions.

The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.