What is a well-known trademark?
China's well-known trademark refers to A trademark that has been recognized as a "well-known trademark" by the competent authority (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures.
The main criterion for determining whether a trademark is a well-known trademark is that the trademark enjoys a high reputation in the market and is well known to the relevant public. According to Article 14 of the Intellectual Property Law, the following factors should be considered in determining a well-known trademark:
1. The degree of awareness of the trademark by the relevant public
According to the provisions of Article 2, paragraph 2, of the "Provisions on the Recognition and Protection of Well-known Trademarks", the relevant public includes certain types of goods marked by the use of trademarks Or service-related consumers, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels, etc. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, well-known does not mean that it is recognized by everyone or has a high reputation among all members of the public, but it means that it is well-known among relevant consumers, that is, it does not need to be "widely known".
2. Duration of the trademark
The main way for trademark rights holders to utilize and exercise is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark and it is possible to passUse creates distinctiveness, thereby creating popularity among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to the provisions of Article 3, Item 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark.
3. The duration, extent and geographical scope of any promotional efforts for the trademark
In today's increasingly fierce market competition, both commodity manufacturers and service operators regard publicity and promotion of their products as a top priority, and publicity efforts continue to increase, especially with the With the development of communication technology and information network technology, the publicity effect of various publicity media such as television, radio, Internet, newspapers and periodicals has become more and more obvious. Many public’s knowledge of a certain brand (trademark) comes from the manufacturer or operator various advertising campaigns. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the degree of public awareness of the trademark in a certain area. In accordance with the provisions of Article 3, Item 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks", relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials.
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