What are the time limits for well-known trademark applications?
What are the application time limits for well-known trademarks? There is no time limit and well-known trademarks are applied on a case-by-case basis. As long as the trademark meets all the conditions required for application, you can apply.
Article 13 of the Trademark Law of the People's Republic of China: If a trademark is well-known to the relevant public, the holder believes that its rights are infringed upon. In the event of infringement, you may apply for well-known trademark protection in accordance with the provisions of this Law.
A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which can easily lead to confusion. , will not be registered and prohibited from use.
A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else’s well-known trademark that has been registered in China. If the trademark misleads the public and the interests of the registrant of the well-known trademark may be harmed, the trademark shall not be registered and its use shall be prohibited.
Article 14 of the Trademark Law of the People's Republic of China: Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:
(1) The degree of awareness of the trademark by the relevant public;
(2) Duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, the parties assert rights in accordance with Article 13 of this Law , the Trademark Office can determine the well-known status of a trademark based on the needs of reviewing and handling cases.
In the process of handling trademark disputes, the parties involved If rights are claimed in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or for advertising, exhibitions and other commercial purposes. Currently active.
The above knowledge is the editor’s answer to the question “What are the time limits for well-known trademark applications?”, if you need For more legal help, welcome to the Legal Savior Network for legal consultation.
