1. What are the conditions for recognition of a well-known trademark?
1. Recognition A well-known trademark must meet the following conditions:
(1) Be well-known to the relevant public;
(2) Have a record of being protected as a well-known trademark;
(3) The duration, extent and geographical scope of the publicity work meet the certification standards;
(4) Other conditions.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 13: If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, he may Apply for well-known trademark protection in accordance with the provisions of this Law.
If the 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 is likely to cause confusion, Registration is not allowed and use is prohibited.
Article 14: 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) The duration of use of the trademark;
(3) The duration of any publicity work for the trademark,Degree and geographical scope;
(4) Records that the trademark is protected as a well-known trademark;
">(5) Other factors that make the trademark famous.
2. What is a well-known trademark?
China’s well-known trademarks refer to trademarks registered through the competent authorities (Trademark Office of the State Administration for Industry and Commerce, Trademark Office of the State Administration for Industry and Commerce, The Trademark Review and Adjudication Board or the People's Court) recognizes a trademark as a "well-known trademark" in accordance with legal procedures.
A well-known trademark is a type of trademark officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China based on the application of an enterprise. It is widely known to the public in China. Know and enjoy a high reputation. The protection of well-known trademarks is not limited to identical or similar goods or services. When applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are endowed with relatively broad exclusivity. right.
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