How to protect time-honored brands

At the same time, we will strengthen the coordinated management of name rights and Trademark rights of time-honored brands, establish a database of time-honored brands, establish a credit supervision system for time-honored brands, etc., to form a joint law enforcement force that organically connects administrative law enforcement and judicial protection. So how to identify well-known trademarks? Let’s follow the editor of Legal Savior Network to take a look at the identification of well-known trademarks.

How to protect time-honored brands

You can apply for the title of "time-honored brand".

Article 13 of the Trademark Law is relevant If the holder of a trademark that is well known to the public believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law.

The trademark applied for registration on the same or similar goods is Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.

Apply for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.

Article 14 A well-known trademark shall be registered in accordance with the trademark of the party concerned. Request to determine the facts that need to be determined in handling trademark cases. 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) Any publicity work for the trademark Duration, extent and geographical scope;

(IV )Record that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

Investigated and dealt with by the trademark registration review and industrial and commercial administration departments During the course of a trademark violation case, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.

In the process of handling trademark disputes, the parties shall comply with this Article 13 of the Law stipulates that if rights are claimed, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

In the course of hearing trademark civil or administrative cases, if the parties claim rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may make a decision on the well-known status of the trademark based on the needs of hearing the case. Recognition.

Producers and operators shall not use “well-known The word "Trademark" is used on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

What are the conditions for a well-known trademark

Based on existing experience and the characteristics of well-known trademarks, well-known trademarks should meet the following conditions:

(1) The trademark design is original;

(2) The trademark has been used for a long time;

(3) The quality of the goods or services specified by the trademark is excellent and stable;

(4) Products using this trademark have large market coverage and large sales volume;

(5) The advertising investment for the trademark increases in direct proportion to the sales volume of the goods or service revenue;

(6) Register the trademark in the relevant country and sell the goods or conduct business services designated by the trademark;

(7) Have high visibility and credibility in the same industry;

(8) Well known to a considerable range of consumers.

We apply for ordinary trademarks just to make ourselves A trademark can become a famous trademark in the future. A famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well-known to the relevant public, and is recognized in accordance with the law. First, we must improve our legal awareness, and then use the law to protect it. If your own legitimate rights and interests have been infringed, you can check the relevant legal knowledge on the Legal Savior website or consult a lawyer online.