What are the ways to identify well-known trademarks
my country's well-known trademark recognition agencies include administrative agencies and judicial agencies. Changes This has ended the past situation in which administrative agencies took over the overall situation. Therefore, the corresponding well-known trademark recognition methods can also be divided into administrative recognition and judicial recognition:
1. Administrative recognition approach
(1) Apply to the industrial and commercial department for recognition of a well-known trademark
In the course of trademark management, if the party believes that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law, he or she may submit a written request to prohibit use to the industrial and commercial administration department at or above the city, prefecture, or state level where the case occurs, and Submit relevant materials proving that its trademark is well-known. The industrial and commercial administration department will review and report to the Trademark Office step by step, and the Trademark Office will finally make a determination within 6 months.
(2) Apply to the Trademark Office for recognition of a well-known trademark
If the party believes that someone else’s trademark that has been preliminarily reviewed and announced violates Article 13 of the Trademark Law, the party may rely on the trademark According to the provisions of the Law and its Implementing Regulations, if you file an objection to the Trademark Office within 3 months and submit relevant materials proving that your trademark is well-known, you can apply for recognition of being well-known at the same time.
(3) Apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark
This is because the party concerned believes that a trademark that has been registered by others violates Article 13 of the Trademark Law. The party may rely on the Trademark Law and its Implementing Regulations According to the provisions of the Trademark Review and Adjudication Board, you can request the Trademark Review and Adjudication Board to cancel the registered trademark and submit relevant materials proving that the trademark is well-known. You can also apply for the recognition of a well-known trademark.
2. Judicial identification methods
Apply to the People's Court for recognition of a well-known trademark. A party that has registered a well-known trademark believes that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law, and may directly apply to the People's Court for recognition of a well-known trademark. The court files a lawsuit and at the same time applies to the court for recognition of a well-known trademark. In addition, if there is any objection to a well-known trademark that has been recognized by the Trademark Office or the Trademark Review and Adjudication Board, the party concerned can request a review from the People's Court. Therefore, the People's Court not only has the right to recognize well-known trademarks, but also The trademark administrative agency has the power of judicial review for the identification of well-known trademarks. This is more conducive to ensuring the fairness, openness and rationality of the identification of well-known trademarks.
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