How to apply for a well-known trademark
The identification of well-known trademarks in my country is based on different legal claims and adopts administrative identification. There are two methods of identification: (1) Trademark Office of the State Administration for Industry and Commerce, (2) Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce, and (3) People's Courts above the intermediate level.
Administrative recognition of well-known trademarks:
1. According to the Trademark Law and relevant administrative regulations, it is determined that a well-known trademark is Through regular unified recognition by the Trademark Office of the State Administration for Industry and Commerce,
The principle of recognition of well-known trademarks is "passive recognition, case-by-case review and approval".
2. The parties believe that others have registered trademarks: If the rights and interests of the parties are maliciously infringed, the dispute shall be adjudicated directly to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and applied for recognition as a well-known trademark.
Judicial identification of well-known trademarks: In trademark dispute cases, the court shall, based on the requests of the parties and the specific circumstances of the case, Whether the registered trademark involved is well-known shall be determined in accordance with the law. That is, judicial determination, the principle of well-known trademark recognition is: "case-by-case determination, passive protection".
If you need to apply for recognition of a well-known trademark, you must submit materials through the Administration for Industry and Commerce.
Conditions for enterprises to apply for administrative recognition of well-known trademarks
Enterprises applying for well-known trademarks should be provincial famous trademarks recognized by the Provincial Administration for Industry and Commerce.
The trademark has high visibility and good reputation. According to the "Well-known Examination of the conditions stipulated in the "Provisions on Trademark Recognition and Protection":
(1) The sales volume and sales area of goods using the trademark in China;
(2) The economic indicators (annual output, sales, profits, market share, etc.) of the goods using this trademark in the past three years and their ranking in the same industry in China;
(3) Sales volume and sales area of goods using the trademark in foreign countries (regions);
(4) Advertising status of the trademark;
(5) The earliest use and continuous use time of the trademark;
(6) Registration status of the trademark in China and foreign countries (regions);
(7) Other evidence that the trademark is well-known.
The newly revised Trademark Law stipulates that 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 promotional efforts for the trademark;
Enterprises applying for well-known trademarks have legal claims.
When an enterprise's trademark rights are damaged as follows, it can apply Recognized as a well-known trademark:
(1) Others will use The applicant applies for registration or use of a mark that is identical or similar to the trademark on non-similar goods or services, which may harm the applicant's rights and interests;
(2) Others register or use words that are identical or similar to the applicant's applied trademark as part of the company name, which may cause misunderstanding by the public;
(3) The trademark applied for recognition by the applicant is overseas Registration by others in bad faith may cause damage to the applicant's business development abroad;
(4) The applicant's application for recognition of the trademark's rights and interests has been damaged in other ways and is difficult to resolve.
Declaration materials
When an enterprise applies for recognition of a well-known trademark, it should submit a well-known trademark recognition application report.must provide evidence that its trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided, mainly including:
1. A copy of the business license of the applicant for well-known trademark recognition;
2. If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a power of attorney signed by the applicant or a power of attorney signed by the applicant and the trademark agency should be provided. Agreement (contract);
3. Use the trademark The main economic indicators of the main goods or services in the past three years
4. The sales or operation status and regions of the main goods or services using the trademark at home and abroad;
5. Registration status of the trademark at home and abroad;
6. The advertising release of this trademark in recent years;
7. The earliest use and continuous use time of the trademark;
8. YesOther documents proving that the trademark is well-known.
As long as you meet the application conditions for well-known trademarks, be ready After applying for information, you can apply for a well-known trademark to the local Administration for Industry and Commerce. An enterprise's application for a well-known trademark is a kind of protection for the company's trademark. If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
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