What are the four ways to identify well-known trademarks
Request to be recognized as well-known based on existing laws and judicial interpretations There are four ways to obtain a trademark:
Path 1: During the trademark opposition procedure, if the party concerned believes that someone else's trademark that has been preliminarily reviewed and announced violates the provisions of the Trademark Law, he or she may apply for recognition of a well-known trademark while filing an objection, and submit relevant materials proving that it is a well-known trademark.
Path 2: In trademark dispute cases, If the party believes that someone else's registered trademark violates the provisions of the Trademark Court, when making a request to the Trademark Review and Adjudication Board to cancel the registered trademark, he or she shall apply for recognition of a well-known trademark and submit relevant supporting materials.
Path 3: In the course of trademark management, if the party believes that the trademark used by others falls under the circumstances stipulated in the trademark law and requests protection of its well-known trademark, it may apply to the municipal (prefecture, state) level or above where the case occurs. The industrial and commercial administration department shall submit a written request for prohibition of use and submit relevant supporting materials.
Path 4: In the litigation of trademark disputes, the parties can use the well-known trademarks claimed by them as defense reasons or evidence. situation, and determine whether the registered trademark involved is well-known.
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