What is the application process for well-known trademarks
The Trademark Office and the Trademark Review and Adjudication Board are legally authorized to determine well-known names The administrative agency for trademarks; under normal circumstances, the Intermediate People's Court that establishes the Intellectual Property Tribunal is the judicial agency with the power to identify well-known trademarks.
When a specific trademark case occurs, the rights holder Well-known trademark recognition can be obtained through the following channels, of which items 1, 2, and 3 are administrative recognition procedures, and item 4 is judicial recognition procedure.
1. Apply to the industrial and commercial department for recognition of a well-known trademark
The owner of a well-known trademark believes that the trademark used by others falls under the circumstances specified in Article 13 of the Trademark Law, and may request a ban on use to the local industrial and commercial department where the case occurs. After review, the local industrial and commercial departments will report it to the Trademark Office step by step, and the Trademark Office will make a determination.
2. Apply to the Trademark Office for recognition of a well-known trademark
If the right holder of a well-known trademark believes that someone else's trademark that has been preliminarily approved and announced falls within the circumstances stipulated in Article 13 of the Trademark Law, he may file an objection application with the Trademark Office within 3 months and apply for recognition of a well-known trademark at the same time.
3. Apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark
A trademark that the owner of a well-known trademark believes has been registered by others Under the circumstances stipulated in Article 13 of the Trademark Law, you may apply to the Trademark Review and Adjudication Board for review and recognition of a well-known trademark within a period of at least 5 years.
4. Apply to the People's Court for recognition of a well-known trademark
The owner of a registered well-known trademark believes that others have used it If a trademark falls under the circumstances specified in Article 13 of the Trademark Law, you can directly file a lawsuit with the People's Court and apply for recognition of a well-known trademark while filing a lawsuit. In addition, if the right holder of a well-known trademark has objections to the determination of the Trademark Office or the Trademark Review and Adjudication Board, he or she may request judicial review from the People's Court.
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