What are the three ways to apply for recognition of well-known trademarks
According to China’s Trademark Law and Trademark Law Implementation Regulations (hereinafter referred to as the Regulations) and the "Provisions on the Recognition and Protection of Well-known Trademarks" stipulate the recognition of well-known trademarks. Currently, there are three main ways to apply for the recognition of well-known trademarks:
1. Recognized by the Trademark Office of the State Administration for Industry and Commerce
If you need to apply for recognition of a well-known trademark, you must go through the industrial and commercial administration bureau of the local province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau) Submit relevant materials. The provincial industrial and commercial bureaus will promptly submit the relevant application materials that have passed preliminary review and signed opinions by mail to the Trademark Office of the State Administration for Industry and Commerce. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known.
When a dispute arises during the trademark registration process, if the relevant party believes that its trademark constitutes a well-known trademark, it can also request the Trademark Office to determine that its trademark is well-known. At this time, it should submit evidence materials that its trademark constitutes a well-known trademark.
2. Approved by the Trademark Review and Adjudication Board
According to the provisions of the Trademark Law 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 recognize a well-known trademark. At this time, , the relevant parties shall submit evidence that their trademark constitutes a well-known trademark in accordance with the law.
3. Approved by the People’s Court
When hearing trademark dispute cases, the People’s Court may, based on the request of the parties and the specific circumstances of the case, decide on the registered trademark involved
Whether it is well-known shall be determined in accordance with the law.
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