How to accurately identify well-known trademarks

As we all know, trademark rights refer to the qualification or ability of certain civil rights subjects to possess, use, benefit from and dispose of a specific trademark. Trademark rights have the characteristics of exclusivity, territoriality and timeliness, and their basic manifestations can be divided into three major categories. Categories: unregistered trademark rights, registered trademark rights and well-known trademark rights. How to accurately identify well-known trademarks? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

How to accurately identify well-known trademarks

In accordance with the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement, well-known trademarks are recognized At the time, there are generally the following important common measurement indicators:

(1)Potential consumers of goods or services using the trademark;

(2) Transaction channels for goods or services using the trademark;

(3) The time, extent and geographical scope of use of the trademark;

(4) The market share of the goods or services using the trademark in the territory and field where the well-known trademark protection is claimed.

In China, the State Administration for Industry and Commerce also provides a set of identification indicators for trademarks that enjoy a high reputation and are well-known to the public, including:

(1) Sales volume of goods using the trademark in China and sales area;

(2) Use the trademark The main economic indicators (annual output, sales, profits, market share) of the products in recent years and their ranking in the same industry in China;

(3) Sales volume and sales area of ​​goods using the trademark in foreign countries or regions;

(4) Advertising status of the trademark;(5) The earliest time of use and continuous use of the trademark;

(6) The registration status of the trademark in China and its foreign countries or regions;

(7) Other documents proving that the trademark is well-known .

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