Determine whether it is a well-known trademarkWhat are the factors
According to China's "Trademark Law", the following factors should be considered when determining a well-known trademark:
(1) The relevant public’s awareness of the trademark;
(2) Duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not mean that the trademark must meet All factors specified in this article are premised.
Evidence materials for well-known trademark recognition:
Accordingly, the following materials can be used as evidence to prove that the trademark is well-known:
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark Relevant materials;
(3) Proof of the trademark Relevant materials on the duration, extent and geographical scope of any publicity work, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidence proving that the trademark is well-known, including use of the trademark The production, sales volume, sales revenue, profits and taxes, sales areas and other relevant materials of the main commodities in recent years.
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