What are the ways to identify well-known trademarks
In this way, my country’s well-known trademark recognition agency Including administrative agencies and judicial agencies, changing the past situation where administrative agencies took over the overall situation. Therefore, the corresponding well-known trademark identification methods can also be divided into administrative identification and judicial identification:
1. Administrative recognition approach
2. Apply to the industrial and commercial department for recognition of a well-known trademark
In trademark management work, if the party believes that the trademark used by others falls under the circumstances stipulated in the Trademark Law, he may submit a written request to ban the 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 the 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.
3. 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, he or she may file an objection with the Trademark Office within 3 months in accordance with the provisions of the Trademark Law and its Implementing Regulations. , and submit relevant materials proving that the trademark is well-known, you can apply for recognition of well-known at the same time.
4. Apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark
This is when the party believes that a trademark that has been registered by others violates Article 13 of the Trademark Law. It can request the Trademark Review and Adjudication Board to cancel the registered trademark in accordance with the provisions of the Trademark Law and its implementing regulations, and submit proof of its trademark Well-known related materials can apply for recognition of well-known trademarks at the same time.
5. Judicial identification channels
To the people The court applies for recognition of a well-known trademark. A party who 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. He can directly file a lawsuit with the People's Court and apply for the court to recognize a well-known trademark. In addition, the Trademark Office or Trademark Review If there is any objection to a well-known trademark that has been recognized by the committee, the party concerned can request a review from the People's Court. Therefore, the People's Court not only has the right to identify well-known trademarks, but also has the power to judicially review the recognition of well-known trademarks by the trademark administrative agency. This is more conducive to Ensure the fairness, openness and rationality of the identification of well-known trademarks.
At the same time, it should be noted that different recognition pathways are for different situations and occur at different stages (during application or after trademark registration). Different well-known trademark recognition pathways also have different time limits. The same: the Trademark Office’s ruling time is 6 months, and the objection application is one and a half years; the Trademark Review and Adjudication Board’s ruling time is 2 years; the People’s Court follows the first and second instance procedures for a total of 9 months. In addition, the effectiveness of various channels is different : The determination of the administrative agency is not the final ruling. If the parties have objections, they can still request the judicial agency for review; the judgment of the People's Court is the final judgment.
The above is the relevant knowledge compiled by Hualu editor for everyone. If you have more questions, you can consult the Legal Savior Network Professional lawyers, or directly entrust Legal Savior Network lawyers to help you get out of legal difficulties.
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