What kind of trademarks are expected to be recognized as well-known trademarks in China
The main criterion for whether a trademark is a well-known trademark in China is that the trademark enjoys a high reputation among the relevant public and is well known to the relevant public. According to Article 14 of the Trademark 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 Article 2, Paragraph 2 of the "Regulations on the Recognition and Protection of Well-known Trademarks" According to the regulations, the relevant public includes consumers related to a certain type of goods or services marked by the use of trademarks, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels.
For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree to which many people associated with the field of computer information technology know the trademark , which is “the extent to which the relevant public is aware of the trademark.” 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, being well-known does not mean being known by everyone or having a high reputation among all members of the public, but it means being well-known among the relevant consumers. It only suffices to be well-known among scholars, that is, it does not have to be "widely known".
2. Duration of use of the trademark
The exclusive use and exercise of the trademark by the trademark owner The main form of right is to use its trademark. 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 generate distinctiveness through use, thereby creating visibility 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 an obligation it should fulfill. 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
Today, as the market competition becomes increasingly fierce, both commodity manufacturers and service operators place publicity and promotion of their products as top priority, and publicity efforts continue to increase, especially with the advancement of communication technology and information network technology. With the development of the country, 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 various advertisements by manufacturers or operators.
Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the public awareness of the trademark in a certain area. degree of awareness. 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.
4. Record that the trademark is protected as a well-known trademark
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