What factors need to be considered in the recognition of well-known trademarks, and what are the measures to protect well-known trademarks?

Regarding the recognition and protection of well-known trademarks, my country's industrial and commercial authorities formulated a special regulation in 2014, which is the regulation on the recognition and protection of well-known trademarks. Below, the editor of Legal Savior Network will bring you the details of this regulation to help you understand it.

What factors need to be considered in the recognition of well-known trademarks? Well-known What are the measures for trademark protection

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 relevant public’s awareness of the trademark;

(2) The 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.

Investigate and handle trademark violation cases in the trademark registration review and industrial and commercial administration departments During the process, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.

During the handling of 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, 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 "well-known trademarks" The words are used on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

Same or similar If the trademark applied for registration for a product is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

are not the same or similar The trademark applied for registration for similar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the well-known trademark registrant'sIf the interests may be harmed, registration will not be allowed and use is prohibited.

The party believes that others are using its well-known trademark as a business name If the registration may deceive the public or cause misunderstanding to the public, you may apply to the competent authority for enterprise name registration to cancel the registration of the enterprise name, and the competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".

The above content is the relevant answer, if you still If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.