What are the procedures and methods for identifying well-known trademarks
(1) Procedure for recognition of well-known trademarks
There are currently two procedures for identifying well-known trademarks in my country, one is For administrative procedures, the certification authorities include the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board. The other is the judicial procedure, where the identification authority is the People's Court above the intermediate level. When hearing trademark dispute cases, the court may determine whether the registered trademark involved is well-known according to the law based on the request of the parties and the specific circumstances of the case.
(2) Recognition of well-known trademarks in administrative procedures Ways
1. Identification in trademark management cases
In the course of trademark management, the party concerned believes that others have used If the trademark falls within the provisions of Article 13 of the Trademark Law, the person may submit a written request for protection of the well-known trademark to the industrial and commercial administration department at or above the state or city level where the case occurs, and submit relevant materials proving that the trademark is well-known. At the same time, a copy should be submitted to the provincial industrial and commercial administration department where it is located..
After receiving the application for the protection of a well-known trademark, the state and municipal industrial and commercial administrative departments will review the case and submit all case materials to the local provincial (autonomous region, municipality) industrial and commercial administrative department if it is deemed to fall under the above circumstances. , and issue a case acceptance notice to the parties; if the provincial (autonomous region, municipality) industrial and commercial administrative department deems it to meet the conditions after review, all case materials will be submitted to the Trademark Office.
2. Identification in the trademark opposition procedure
span>The party believes that someone else’s trademark that has been preliminarily reviewed and announced violates the trademark If the trademark stipulates in Article 13 of the Trademark Law, an objection may be filed with the Trademark Office in accordance with the provisions of the Trademark Law and its Implementing Regulations, and relevant materials proving that the trademark is well-known shall be submitted.
3. Identification in trademark dispute proceedings
span>The party believes that the trademark registered by others violates Article 10 of the Trademark Law Article 3: In accordance with the provisions of the Trademark Law and its Implementing Regulations, the applicant may apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark, and submit relevant materials proving that the trademark is well-known.
Among the above three ways to identify well-known trademarks, The first method has a faster identification time, and at the same time, objection and dispute cases that meet legal conditions are more random. Therefore, judging from the current situation across the country, the vast majority of people adopt the first approach.
(3) Issues that should be paid attention to when identifying well-known trademarks in trademark management cases
After the industrial and commercial department receives an application to protect a well-known trademark in the trademark management work , it should be reviewed whether the case falls within the following circumstances stipulated in Article 13 of the Trademark Law:
1. Others use the same or similar trademarks on the same or similar goods without authorization as the well-known trademarks not registered in China by the parties, which is likely to cause confusion;
2. Others use the same or dissimilar goods without authorization and the parties have registered in China A trademark that is identical or similar to a well-known trademark is likely to mislead the public, causing the interests of the registrant of the well-known trademark to be harmed.
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