How to apply for a well-known trademark
The identification of well-known trademarks in China is based on different legal claims, using administrative identification and There are two ways of judicial determination. The determination agencies are:
(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,
(3) People's courts above the intermediate level.
Administrative recognition of well-known trademarks:
1. According to the Trademark Law and relevant administrative regulations, ChiFamous trademarks are recognized regularly and uniformly 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 recognition of well-known trademarks: by the court in the trial In trademark dispute cases, based on the request 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 identification, the principle of identification of well-known trademarks is: "case-by-case identification, passive protection."
Declaration materials that enterprises must submit when applying for well-known trademarks
When applying for recognition of a well-known trademark, an enterprise should submit a well-known trademark The trademark recognition application report must provide evidence that the 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. The applicant for well-known trademark recognition entrusts a trademark agencyIf an agency is acting as an agent, a power of attorney signed by the applicant or an agency agreement (contract) signed between the applicant and the trademark agency shall be provided;
3. The main economic indicators of the main goods or services using the trademark 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;
span>7. The earliest use and continuous use time of the trademark;
8. Other documents proving that the trademark is well-known.
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