Does the recognition of well-known trademarks require substantive review?

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. Does the recognition of well-known trademarks require substantive examination? Please follow the editor of Legal Savior Network to learn more below.

Does the recognition of well-known trademarks require substantive review

1. The identification of well-known trademarks is different from the substantive examination of invention patents. It has its own set of legal procedures for recognition and protection. Judging from the relevant legal provisions, there is no substantive review for the recognition of well-known trademarks, but basically a substantive review of whether a trademark is well-known is carried out in accordance with the regulations (for your understanding).

For example, Article 14 of the Trademark Law of the People's Republic of China Article 1 stipulates the factors that should be considered in determining a well-known trademark, that is, "the following factors should be considered in determining a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; (2) the duration of use of the trademark; (3) any use of the trademark The duration, extent and geographical scope of the publicity work; (4) the record of the trademark being protected as a well-known trademark; (5) other factors that make the trademark famous."

2. There are two ways to identify well-known trademarks. That is, through identification by national administrative agencies and through identification by national judicial agencies. The Trademark Office of the State Administration for Industry and Commerce is responsible for identifying well-known trademarks in trademark opposition procedures and trademark management case handling procedures; the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce is responsible for identifying well-known trademarks in trademark opposition review and trademark dispute procedures. In addition, the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates that intermediate-level and above-level and authorized grassroots people's courts may recognize well-known trademarks when hearing trademark dispute cases.

Relevant legal knowledge:

Article 13 of the "Trademark Law" For a trademark well known to the relevant public, the holder If you believe that your rights have been infringed, you may apply for well-known trademark protection in accordance with the provisions of this law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and its use is prohibited.

A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of others If a well-known trademark registered in China misleads the public and may cause harm to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

Article 14: Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling cases involving trademarks. The following shall be considered in determining well-known trademarks Factors:

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

(2) Continuity of use of the trademark Time;

(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 the provisions of Article 13 of this Law, the Trademark Office According to the needs of reviewing and handling cases, the well-known status of the trademark can be determined.

In the process of handling trademark disputes, if 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 and administrative cases, the parties shall comply with the provisions of Article 13 of this Law If the rights are claimed, the people's court designated by the Supreme People's Court may determine the well-known status of the 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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