What are the procedures for identifying 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, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law.
Recognition of well-known trademarks in administrative procedures Ways
1. In trademark management It was found in the case
In the trademark management work, the parties If you believe that the trademark used by others falls within the provisions of the Trademark Law, you may submit a written request to the industrial and commercial administration department at or above the state or city level where the case occurs to protect your well-known trademark, and submit relevant materials proving that your trademark is well-known. At the same time, a copy shall 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 into the above circumstances. and issue a case acceptance notice to the parties concerned; after review, the provincial (autonomous region, municipality) industrial and commercial administrative department deems that the conditions are met, and submits all case materials to the Trademark Office.
2. In the trademark opposition procedure Determination
The parties believe that others have made a preliminary determination and announced it If a trademark violates 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.
3. Identification in trademark dispute proceedings
If the party believes that a trademark that has been registered by others violates Article 13 of the Trademark Law, the party may rely on the Trademark Law and its Implementing Regulations According to the regulations, request the Trademark Review and Adjudication Board 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 way takes a faster time to identify well-known trademarks. According to regulations, it is within half a year. In practice, it generally does not exceed one year. The disadvantage is that Trademark cases that are identical or similar to one's own registered trademark on different and similar goods or services do not often occur. However, there is a certain space and flexibility in the operation; the second and third channels strictly follow the procedures for trademark opposition and trademark disputes. Procedure, so it usually takes a long time, even if there is a request for acceleration, it will not be less than one year. 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.
The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
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