What factors should be considered when determining a well-known trademark?

Well-known Trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. What factors should be considered in determining a well-known trademark? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What factors should be considered in determining a well-known trademark

According to the provisions of China's "Trademark Law", the determination of well-known trademarks should be considered The following factors:

(1) Relevant public’s opinion on the matter Awareness of the trademark;

(2) The trademark Duration of use;

(3) The trademark the duration, extent and geographical scope of any promotional efforts;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

Accordingly, the following materials can be used as evidence to prove that the trademark is well-known:

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including advertisements Methods of publicity and promotional activities, geographical scope, types of publicity media, amount of advertising and other relevant materials;

(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence materials proving that the trademark is well-known, Including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.

I hope that through the above content you will have a more comprehensive and in-depth understanding of the relevant issues that should be considered in determining a well-known trademark. If you are still confused about this or have other legal issues, our Legal Savior website also provides online lawyer consultation services. You are welcome to have legal consultation.