What are the standards and methods for identifying well-known trademarks
Article 14 of the Trademark Law stipulates, 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;
( 3) The duration, extent and geographical scope of any promotional efforts for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous. It can be seen that as long as evidence is provided to prove that the above conditions are met, an unregistered trademark can apply for recognition as a well-known trademark.
For the recognition of well-known trademarks, my country currently implements a dual-track system that can be recognized by both the administrative department and the people's court, but it must be subject to an application or request by the party concerned. The specific identification methods are:
1. Through trademark Bureau recognition: To apply for recognition of a well-known trademark, relevant materials must be submitted through the local industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau). The provincial industrial and commercial bureaus will review the relevant application materials and sign their opinions. Submit it to the Trademark Office of the State Administration for Industry and Commerce in a timely manner by mail. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known. If the relevant party believes that its trademark constitutes a well-known trademark, it may also request the Trademark Office to determine that its trademark is well-known. At this time, it must submit evidence that its trademark constitutes a well-known trademark.
2. Recognized by the Trademark Review and Adjudication Board: in accordance with the trademark According to the provisions of laws and regulations, when a dispute arises during the trademark review process, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Review and Adjudication Board to identify a well-known trademark. At this time, the relevant party shall submit evidence that its trademark constitutes a well-known trademark in accordance with the law. Material.
3. Determined by the People’s Court: The People’s Court In hearing trademark dispute cases, based on the request of the parties and the specific circumstances of the case, a determination can be made in accordance with the law whether the registered trademark involved is well-known.
Currently, many companies are trying to pass their trademarks through the courts This emerging method is recognized as a well-known trademark, which to some extent reflects the enhancement of corporate trademark awareness and brand awareness, and has positive significance for corporate intellectual property rights protection; at the same time, the judicial identification method canIt can be completed in the local intermediate people's court, which makes the identification of well-known trademarks more convenient, so it has become the preferred method for many enterprises.