What are the methods for identifying well-known trademarks
There are two basic modes of recognition of well-known trademarks: active recognition and passive recognition.
(1) Passive identification method
Passive identification, also known as subsequent identification, occurs when the trademark owner claims When there is an actual rights dispute, at the request of the trademark owner, the relevant departments will determine whether the trademark is well-known and whether it can grant an expanded scope of protection. Passive recognition is the basic model for judicial authorities to identify well-known trademarks. It is currently adopted by most Western countries and is regarded as international practice. Although the protection provided by passive recognition for well-known trademarks is passive, this recognition is for the purpose of achieving cross-class protection and canceling squatting registrations, and it is highly targeted. Therefore, the legal relief obtained is real, and this legal relief resolves the rights dispute that has actually occurred. Passive determination can also be used by administrative agencies.
(2) Active identification method
Active identification method, also known as prior identification, is used when there is no actual rights dispute.In this case, for the purpose of preventing possible rights disputes in the future, the relevant departments shall determine whether the trademark is well-known at the request of the trademark owner. Active recognition focuses on preventing possible disputes and is a way for administrative agencies to recognize well-known trademarks. The active determination method is not suitable for judicial authorities. Of course, proactive recognition can provide prior protection and enable trademark owners to avoid unnecessary disputes. However, the proactive determination is inconsistent with international practice. Especially if the batch identification method is used, if it is not grasped accurately, it will inevitably lead to abuse of evaluation, and it can also easily lead to comparisons between companies and regions.
I hope that through the above content you can learn about well-known trademarks Have a more comprehensive and in-depth understanding of the issues related to the identification. If you are still confused about this or have other legal issues, our Legal Savior website also provides online lawyer consultation services. You are welcome to have legal consultation.