What are the legal basis for judicial recognition of well-known trademarks
Judicial recognition of well-known trademarks The legal basis for well-known trademarks is stipulated in the "Provisions on the Recognition and Protection of Well-Known Trademarks". The specific contents are as follows:
Article 1 is to regulate the recognition of well-known trademarks and protect the holders of well-known trademarks. These regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations).
Article 2: Well-known trademarks are trademarks that are well known to the relevant public in China.
Relevant public includes consumers related to a certain type of goods or services marked by the trademark, and others who produce the aforementioned goods or provide services Operators, sellers and related personnel involved in distribution channels, etc.
Article 3 The Trademark Office and the Trademark Review and Adjudication Board shall be responsible for the review and review of trademark registration and trademark review based on the requests of the parties and the needs of reviewing and handling cases. The dispute resolution and industrial and commercial administrative departments identify and protect well-known trademarks in the process of investigating and handling trademark violation cases.
Article 4 The identification of well-known trademarks follows the principles of case-by-case identification and passive protection.
Article 5: The parties shall file objections with the Trademark Office in accordance with Article 33 of the Trademark Law, and shall submit objections to the Trademark Office in accordance with Article 13 of the Trademark Law. It stipulates that those who apply for well-known trademark protection may submit a written request for well-known trademark protection to the Trademark Office and submit evidence that their trademark constitutes a well-known trademark.
Article 6 In cases of review of trademark non-registration and cases of request for invalidation, the parties shall, in accordance withArticle 13 of the Trademark Law stipulates that those who apply for well-known trademark protection may submit a written request for well-known trademark protection to the Trademark Review and Adjudication Board and submit evidence that their trademark constitutes a well-known trademark.
Article 7: Trademark violation cases involving the protection of well-known trademarks shall be under the jurisdiction of the industrial and commercial administrative departments at or above the municipal (prefecture, state) level. If a party requests the administrative department for industry and commerce to investigate and handle trademark violations, and requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he or she may file a complaint with the administrative department for industry and commerce at or above the municipal (prefecture, state) level where the illegal act occurred, and file a complaint. To make a written request for well-known trademark protection, submit evidence proving that the trademark constitutes a well-known trademark.
Article 8 A party requesting protection of a well-known trademark shall follow the principle of good faith and be responsible for the authenticity of the facts and evidence materials submitted. .
"Regulations on the Recognition and Protection of Well-known Trademarks" Article 9 The following materials can be used as evidence to prove compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law:
(1) Materials proving the relevant public’s awareness of the trademark.
(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.
(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as advertising in the past three years and materials such as the methods of promotional activities, geographical scope, types of promotional media, and the amount of advertising.
(4) Prove that the trademark has been in China or otherMaterials protected as well-known trademarks in other countries and regions.
(5) Other evidence proving that the trademark is well-known, such as the sales revenue of the main products using the trademark in the past three years, Market share, net profit, tax amount, sales area and other materials.
The "three years" and "five years" mentioned in the preceding paragraph refer to the date of the objectionable trademark registration application, Three years and five years before the date of trademark registration application for invalidation request, and three years and five years before the date of request for well-known trademark protection in trademark violation cases.
Article 10: If a party files a request for well-known trademark protection in accordance with Articles 5 and 6 of these Provisions, the Trademark Office, Trademark Review and Adjudication The Committee shall promptly handle the matter within the time limit specified in Articles 35, 37, and 45 of the Trademark Law.
Article 11 If a party requests the industrial and commercial administrative department to investigate and deal with trademark violations in accordance with Article 7 of these Provisions, the industrial and commercial administrative department shall Complaint materials shall be verified and a decision shall be made on whether to file a case in accordance with the relevant provisions of the "Administrative Penalty Procedure Provisions of Industrial and Commercial Administrative Organs". After deciding to file a case, the industrial and commercial administration department shall conduct a preliminary verification on whether the request for well-known trademark protection and relevant evidence materials submitted by the party comply with the provisions of Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations, and Article 9 of these Regulations. and review. If the case meets the requirements after preliminary verification, a request for well-known trademark recognition and copies of the case materials shall be submitted to the superior industrial and commercial administrative department within 30 days from the date of filing the case. If the case does not comply with the regulations upon review, it shall be dealt with in a timely manner in accordance with the provisions of the "Administrative Punishment Procedures of the Industrial and Commercial Administrative Organs".
The materials submitted by the administrative department for the recognition of well-known trademarks shall be verified and reviewed to see whether they comply with Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations and Article 9 of these Regulations. If it is verified that it complies with the regulations, the application for well-known trademark recognition and copies of the case materials should be submitted to the Trademark Office within thirty days from the date of receipt of the relevant materials for well-known trademark recognition. If the case does not comply with the regulations upon review, the relevant materials shall be returned to the original filing authority, which shall promptly handle the matter in accordance with the provisions of the "Administrative Punishment Procedures of Industrial and Commercial Administration Agencies".
Article 13 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the provisions of Paragraph 1 of Article 14 of the Trademark Law and Article 9 of these Provisions. List various factors, but it is not necessary to satisfy all factors.
If the Trademark Office and the Trademark Review and Adjudication Board need the local industrial and commercial administration department to verify the relevant circumstances when identifying a well-known trademark, the relevant local industrial and commercial administration department Management should assist.
Article 14 The Trademark Office shall review the materials related to the recognition of well-known trademarks submitted by the industrial and commercial administration departments of the provinces (autonomous regions and municipalities directly under the Central Government). After review, if it is determined that the trademark constitutes a well-known trademark, a reply shall be issued to the industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) that submitted the request for instructions.
The industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the copy is located. The provincial (autonomous region, municipality directly under the Central Government) industrial and commercial administrative department shall submit the case handling status and a copy of the administrative penalty decision to the Trademark Office within thirty days from the date of receipt of the copied administrative penalty decision.
Article 15: Industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks and safeguard rights in trademark registration and management work Legitimate rights and interests of persons and consumers. If a trademark violation is suspected of being a crime, the case shall be transferred to the judicial authority in a timely manner.
Article 16 During the review of trademark registration, settlement of trademark disputes, and investigation and handling of trademark violation cases by the industrial and commercial administration departments, the parties concerned shall comply with the Trademark Law Article 13 stipulates that when requesting protection of a well-known trademark, records showing that the trademark has been protected as a well-known trademark in my country can be provided.
The scope of the well-known trademark protection requested by the party is basically the same as the scope that has been protected as a well-known trademark, and the other party is well-known for the trademark If there is no objection, or although there is an objection, the reasons for the objection and the evidence provided are obviously insufficient to support the objection, the Trademark Office, the Trademark Review and Adjudication Board, and the trademark violation case filing department may grant the trademark well-known trademark status based on the protection records and relevant evidence. Protect.
Article 17: In a trademark violation case, if the party concerned obtains the protection of a well-known trademark by cheating or providing false evidence materials or other improper means, the Trademark Office shall revoke the protection of the well-known trademark. The trademark involved in the case has been recognized, and the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) that submitted the request for well-known trademark recognition shall be notified.
Article 18: Local industrial and commercial administrative departments violate the provisions of Articles 11 and 12 of these Regulations and fail to fulfill the requirements for well-known trademarks Identify relevant materials and carry out verification and review duties, or violate the provisions of Paragraph 2 of Article 13 of these Regulations by failing to provide assistance or perform verification duties, or violate Paragraph 2 of Article 14 of these Regulations by failing to handle trademark violation cases within the time limit Or if the handling situation is not reported within the time limit, the industrial and commercial administration department at the next higher level will notify the company and order it to make rectifications.
Article 19: Industrial and commercial administrative departments at all levels shall establish and improve a supervision and inspection system for the recognition of well-known trademarks.
Article 20: Personnel involved in work related to the identification and protection of well-known trademarks neglect their duties, abuse their power, practice favoritism, and illegally handle well-known trademarks Matters related to trademark recognition, accepting property from parties and seeking illegitimate benefits will be dealt with in accordance with relevant regulations.
Article 21 These regulations shall come into effect 30 days from the date of promulgation. The "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003 were abolished at the same time.
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