What is the method for identifying well-known trademarks
Well-known trademark recognition method:
1. Requesting the court to recognize a well-known trademark - requesting the court to recognize a well-known trademark in a litigation case.
2. Request recognition from the Opposition Division of the China Trademark Office-- If someone believes that someone else's trademark that has been preliminarily reviewed and announced violates Article 13 of the Trademark Law, he or she may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials proving that the trademark is well-known.
3. Request the China Trademark Review and Adjudication Board for recognition - consider others If a registered trademark violates Article 13 of the Trademark Law, you may apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit relevant materials proving that the trademark is well-known.
4. Request recognition from the Case Guidance Office of the China Trademark Office- -In the course of trademark management, the party concerned believes that the trademark used by others falls under Article 13 of the Trademark LawUnder certain circumstances, those who request protection of their well-known trademarks may submit a written request for prohibition of use to the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurred, and submit relevant materials proving that their trademarks are well-known. At the same time, a copy shall be submitted to the provincial industrial and commercial administration department where it is located. The municipal (prefecture, state) industrial and commercial administrative department, after reviewing the case, shall submit all case materials to the local provincial (autonomous region, municipality) industrial and commercial administrative department, and issue a case acceptance notice to the parties; the provincial (autonomous region, municipality) administrative department shall The industrial and commercial administration department of the municipality directly under the Central Government shall, after reviewing the case, submit all case materials to the Trademark Office. The Trademark Office shall make a determination from the date of receipt of relevant case materials, and notify the industrial and commercial administration department of the province (autonomous region, or municipality directly under the Central Government) where the case occurs, and send a copy to the industrial and commercial administration department of the province (autonomous region, or municipality directly under the Central Government) where the party is located. .
Article 13 of the Trademark Law: If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it 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 , imitate or translate other people's well-known trademarks that have not been registered in China and are likely to cause confusion, they will not be registered and their use will be prohibited.
Applying for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark registered in China, which misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Article 14 Well-known trademarks shall be registered at the request of the parties , as facts that need to be identified 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 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.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if a party claims rights in accordance with the provisions of Article 13 of this Law, the Trademark Office According to the needs of reviewing and handling cases, the well-known status of the trademark can be determined.
In the process of handling trademark disputes, if a party claims rights 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 and administrative cases, the parties shall comply with the provisions of Article 13 of this Law If the rights are claimed, 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" for On goods, product packaging or containers, or used in advertising, exhibitions and other commercial activities.
The above is the relevant content summarized by the editor of Legal Savior Network , if there is anything you still cannot understand about this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
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