What procedures are required to identify a well-known trademark?

Most of China's well-known trademarks are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), which accounts for a larger proportion of well-known trademarks than the People's Court. What procedures are required to identify a well-known trademark? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

What procedures are required to identify a well-known trademark

The entire process of well-known trademark recognition is divided into the following five stages:

The first stage: early contact and preliminary judgment;

Second stage: Signing the entrustment agreement; span>

The third stage: preparation of application materials;

The fourth stage: formal declaration stage;

The fifth stage: publicity report, published in "China's Well-known Trademarks" magazine and Enterprises that have obtained well-known trademarks are promoted on the "China Well-known Trademark Network" and entered into the Chinese Well-known Trademark Database.

Ways for recognition of well-known trademark applications

The recognition of well-known trademarks in China is based on different The legal requirements are determined through administrative appraisal and judicial confirmation:

(1) Trademark Office of the State Administration for Industry and Commerce, State Administration for Industry and Commerce,

(2) Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce;

(3) People’s Courts above the intermediate level.

1. Administrative recognition of well-known trademarks: According to the provisions of the Trademark Law and relevant administrative regulations, the identification of well-known trademarks is carried out regularly and uniformly by the Trademark Office of the State Administration for Industry and Commerce. Well-known trademarks The principle of identification is "passive identification and case approval." If a party believes that another person's registered trademark maliciously infringes upon the rights of the party, he should directly submit a dispute ruling to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and apply for recognition as a well-known trademark.

2. Judicial recognition of well-known trademarks: based on the parties’ requests and cases In the specific circumstances of the trademark dispute trial, the court will determine whether the relevant registered trademark is a well-known trademark. That is, the principle of judicial determination and well-known trademark recognition is: "Case identification, passive protection".

If your The problem is more complex. Our Legal Savior Network also provides online lawyer consultation services. You are welcome to come for legal consultation.