What are the basic elements of a well-known trademark?

With our country's successful accession to the WTO, our country has assumed more international obligations in terms of intellectual property protection. At the same time, in order to cooperate with the protection of intellectual property rights, my country's legislative, judicial and administrative agencies have successively issued relevant regulations. What are the basic elements of a well-known Trademark? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the basic elements of a well-known trademark

Well-known trademarks shall be used as facts that need to be determined in handling trademark cases at the request of the parties. identified. 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 publicity work for the trademark;

(4) The trademark is a well-known trademarkprotected records;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, review the well-known status of the trademark Make a determination.

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.

During the trial of trademark civil and administrative cases, If a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case.

Producers and operators shall not use "well-known trademarks" The words are used on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

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