What are the requirements for identifying a well-known trademark
The conditions for the recognition of well-known trademarks are in addition to meeting the necessary requirements for general registration. , should also contain at least the following four conditions:
1. It must be a trademark with a good reputation for product quality
Trademark is the unity of goods and trademark identification. Trademark is just a mark of goods. The law does not stipulate that the goods indicated by the trademark must meet certain quality standards. It only requires that they meet the specifications registered when using or applying for registration. limit. However, the goods represented by the well-known trademark must be of high quality, comply with legal requirements and specifications, and be stable and reputable for a long time.
The quality and reputation of goods are the foundation of a well-known trademark premise. Moreover, this kind of reputation has nothing to do with the so-called "provincial excellence", "ministerial excellence", and "national excellence", nor is it necessarily related to the size and level of the manufacturer, as well as the gold, silver, and international awards it has received. This kind of reputation refers to social reputation, which is a comprehensive reflection that is naturally formed after long-term use by consumers. From this, we can also think that a well-known trademark itself is a sign of high-quality goods, and high-quality goods are the core of a well-known trademark.
2. Trademarks well known to the public
This condition indicates that the well-known trademark is for the majority of consumers A trademark or a famous trademark that is generally known by operators, or a trademark that enjoys "significant prestige". When people see a well-known trademark, they are naturally associated with the high-quality goods and trade name (manufacturer name) indicated by the trademark. In modern society, there are thousands and thousands of various types of goods, and the same kind of goods is produced and distributed by many manufacturers, and each of them is disguised with modern packaging and decoration, making it so diverse that it is no longer possible for consumers to You can identify the quality of various products by relying on intuition such as sight and touch. You mainly rely on brand recognition to purchase goods, and have a sense of security and trust.
It can be seen that in order for a certain trademark to become a well-known trademark known to the public, it must have a long production and sales history, which is considerable. The sales volume and turnover of the trademark itself, as an intangible property, must also have significant commercial value. A trademark that has been used for a relatively short time or has a small market sales volume is unlikely to become a well-known trademark. Or a new product , relying solely on the manufacturer's unique trademark design art and huge advertising expenses to become known to the public in a short period of time through various forms and media promotions, but neglecting the inherent quality of the goods indicated by the trademark, the final result will be, It can only be a "fictitious trademark".
Of course , this “public” that is well known to the public is not well-known to everyone. Because many products are limited to specific groups of people and distributed by specific sellers. Therefore, being well-known to the public should be understood as a large number of products. Known to specific consumer groups and a large number of specific dealer groups.
3, a trademark that enjoys reputation in a considerable geographical area
This considerable geographical scope is limited by each country's own standards.
4. Selected and selected by consumers Trademarks recognized by authoritative organizations
General registered trademarks , as long as it is applied by the trademark user and approved by the Trademark Office. However, well-known trademarks must be selected by consumers and confirmed by specific authoritative organizations, and be announced to the public.
China's well-known trademark recognition and The Interim Provisions on Administration stipulates that “the determination of well-known trademarks shall follow the principles of openness and fairness. Relevant departments and experts shall be consulted for their opinions when determining.” This provision is still “well-known to the relevant public”, consumer attitudes, and relevant The opinions of departments and experts are an important basis for identifying well-known trademarks.
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