What is the judicial recognition procedure for well-known trademarks
1. The applicant submits the corresponding judicial appraisal application to the court , the application must record the application matters and specific content;
2. Submit relevant materials that prove the degree of public recognition of the trademark, such as social survey reports, etc. The recognition materials will have a certain impact on the strength of the certification based on the survey, form and nature;
3. Prove the history of the trademark, the time when the trademark was registered, and the The main purpose of the specific scope of use is to prove the field of use of the trademark to determine whether it falls within the scope of infringement;
4. If the trademark has records of being protected as a well-known trademark by relevant organizations or departments, then You can apply to the department for retrieval of materials. If you really have difficulty in retrieving materials, you can apply to the court for retrieval. If the relevant authoritative department has recognized a well-known trademark, it can be used as strong evidence to prove that the trademark is a well-known trademark;
5. Other materials proving that the trademark is a well-known trademark. For example, the applicant can provide the sales volume, production volume, profit and output value of the goods in recent years, etc. It mainly indirectly proves the sales situation and public knowledge of the trademarked goods.
Because the dispute over the well-known trademark belongs to the intellectual property category The case is heard by the Intermediate People's Court, which is generally designated by the Supreme Court. Unauthorized courts have no jurisdiction to hear disputes over well-known trademarks. The certification materials for well-known trademarks are generally provided by the applicant himself. The court will only require the applicant to provide necessary certification materials. Therefore, the applicant should try to provide as many materials as possible to prove that the trademark is a well-known trademark.
The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
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