How does the judiciary determine well-known trademarks

A trademark that has a high reputation within a certain geographical area and is known to most of the public is generally a well-known trademark. Well-known trademarks are based on registered trademarks, and usually require application for recognition before they can become well-known trademarks. So how does the judiciary determine well-known trademarks? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

How does the judiciary identify well-known trademarks

For the identification of well-known trademarks in specific cases, Article 10 of the Trademark Law must be strictly followed The standards stipulated in the four articles shall be used for identification. Article 14 of the Trademark Law stipulates that the following factors should be considered when 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) The duration, extent and geographical scope of any promotional efforts for the trademark;

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

(5) Other reasons why the trademark is famouswhite.

Imitation or translation of a well-known trademark registered by others or its main part used as a trademark on different or dissimilar goods, misleading the public and causing the interests of the registrant of the well-known trademark to be damaged, is a trademark Acts that cause other damage to the exclusive right to use a registered trademark of others as stipulated in Article 52, Paragraph 5 of the Law.

But it should be clear that not all well-known Trademark protection can be extended to all categories of trademarks or services. When determining the effectiveness and scope of cross-class protection, one should also focus on examining the possibility that the defendant's behavior will cause the dilution of the well-known trademark and the necessity of cross-class protection, and examine the trademark's Prominence and fame.

After reading the above introduction, do you Already know how to apply for a well-known trademark? For well-known trademarks, the protection provided by the law is more and more comprehensive. Therefore, if you meet the requirements for a well-known trademark, you must apply for recognition in time, which will help protect your rights and interests. If you don’t know how to determine, you can consult a professional lawyer on the Legal Savior Network in advance about your situation before making plans.