What are the principles for recognition of well-known trademarks in China
1. Passive principle: that is The application must be made by the enterprise on its own initiative.
2. Case-by-case principle: that is, when an enterprise files an application for a trademark case, the identification authority will determine whether the enterprise's trademark meets the requirements of the "Regulations on the Recognition and Protection of Well-known Trademarks". One piece, identify one piece.
3. The principle of objective fame: that is, objective fame within a certain range.
Article 13 of the Trademark Law of the People's Republic of China: If a trademark is well-known to the relevant public, the holder believes that its rights are infringed upon. In the event of infringement, you may apply for well-known trademark protection in accordance with the provisions of this Law.
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which can easily lead to confusion. , will not be registered and prohibited from use.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else’s well-known trademark that has been registered in China. If the trademark misleads the public and the interests of the registrant of the well-known trademark may be harmed, the trademark shall not be registered and its use shall be prohibited.
Article 14 of the Trademark Law of the People's Republic of China: Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:
(1) The relevant public’s awareness of the trademark;
(2) The duration of use of the trademark;
(2) The duration of use of the trademark;
p>(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) ) Other factors that make the trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administration departments, the parties concerned shall comply with this Article 13 of the Law stipulates that if rights are claimed, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.
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 may, based on the needs of hearing the case, make a judgment on the trademark Well-known status shall be determined.
Producers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or Used in advertising, exhibitions and other commercial activities.
The above knowledge is the editor's understanding of "What are the principles for the recognition of well-known trademarks in China" If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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