Why should a well-known trademark be declared twice?

Well-known trademark is a proprietary legal concept, which refers to a trademark that enjoys a high reputation in the market, is well-known to the relevant public, and has strong competitiveness. Why apply for a “well-known trademark” twice? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Why is a well-known trademark declared twice

There are "difficulties and easy differences" in the recognition of well-known trademarks

It is reported that to become a "well-known trademark in China", you can pass administrative recognition and There are two ways of judicial determination. However, the difficulty of obtaining them is quite different. The former is for enterprises to apply to the Trademark Office of the State Administration for Industry and Commerce, but since the State Administration for Industry and Commerce is very strict about well-known trademarks, it requires a longer "test period."

The disparity in "gold content" leads to a second "competition" ”

In recent years, judicial recognition of well-known trademarks has become very popular. , the questions raised have never stopped. Some legal professionals believe that the judicial identification of well-known trademarks is "rogue".

Article 13 of the Trademark Law: If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this Law.

The trademark applied for registration on the same or similar goods is a copy, imitation or translation that has not been registered by others. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.

Apply for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.

Article 14 A well-known trademark shall be registered in accordance with the trademark of the party concerned. Request to determine the facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:

(1 )The relevant public’s awareness of the trademark;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a decision on the trademark Well-known status is determined.

In the process of trademark dispute resolution Where a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the person designated by the Supreme People's Court The people's court may determine the well-known status of a trademark based on the needs of hearing the case.

Producers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

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