What is the scope of validity of judicial recognition of well-known trademarks
Theoretically, Judicial determination of well-known trademarks is only a factual determination of the trademark's popularity in individual cases, and its scope of effect should be limited to individual cases, which is much smaller than the scope of administrative determination. However, in practice, the difference between judicial determination and administrative determination is not obvious. When a trademark dispute occurs, judicial determination can still be used as evidence of a well-known trademark, thereby enjoying the special protection of a well-known trademark.
Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Civil Disputes: If a well-known trademark that has been recognized by the administrative authority or the People's Court applies for protection, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review it. If an objection is raised, the People's Court will review it in accordance with Article 14 of the Trademark Law." , this provision recognizes the application of judicial identification of well-known trademarks in other cases, indirectly expanding the scope of effectiveness of judicial identification of well-known trademarks.
However, the identification of a well-known trademark is not permanent and static. The popularity of the trademark will change with changes in the objective situation. Next time When it needs to be protected as a well-known trademark, if the other party raises objections, it still needs to be recognized again, but the past recognition can be used as a reference, which is conducive to the successful implementation of the new recognition.
Therefore, in order to maintain the effectiveness of well-known trademarks, companies must continuously improve the quality of goods or services, constantly expand markets, and pay attention to corporate brands. Image, protect trademark rights through legal means, even a trivial rights protection record will become "protected material" and make a huge contribution to the recognition of well-known trademarks again.
"Supreme People's Court on the Trial of Civil Disputes over Trademarks" Interpretation of Several Issues on the Law Applicable to Cases"
Article 22: When hearing trademark dispute cases, the People’s Court shall Based on the request of the parties and the specific circumstances of the case, whether the registered trademark involved may be well-known can be determined in accordance with the law.
To determine a well-known trademark, one should Proceed in accordance with the provisions of Article 14 of the Trademark Law.
The parties request protection for well-known trademarks that have been recognized by the administrative authorities or the People's Court. If the other party has no objection to the well-known trademark involved, the People's Court will no longer review it. If an objection is raised, the People's Court will review it in accordance with Article 14 of the Trademark Law.
The above knowledge is the editor's answer to the question "What is the scope of judicial recognition of well-known trademarks?" If you need more legal help, you are welcome to go to the Legal Savior website for legal consultation.