What are the issues that should be paid attention to when determining judicial well-known trademarks?

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What are the issues that should be paid attention to when judicially identifying well-known trademarks

Judicial When identifying well-known trademarks, attention should be paid to the following issues:

First, we must accurately grasp the standards for identifying well-known trademarks to ensure the authority and credibility of judicial identification of well-known trademarks.

In the intellectual property trial work, we must strictly grasp the standards for the identification of well-known trademarks, and resolutely avoid lowering the standards so that trademarks that do not meet the legal conditions for well-known trademarks are recognized as well-known trademark. Well-known trademarks exist objectively, and trademark fame has nothing to do with whether the trademark has been recognized through legal procedures. A trademark that is actually well-known, even if it has not been legally recognized, does not in any way damage its well-known status. On the contrary, even if a trademark that is far from the well-known trademark recognition standards is barely recognized as a well-known trademark, its reputation will not be greatly improved. On the contrary, it is suspected of being counterproductive and even damaging its own credibility. The current situation that some trademarks recognized as well-known trademarks are not recognized by consumers is an example of this. Therefore, when hearing cases related to the recognition of well-known trademarks, the people's courts should strictly grasp the standards for recognition, not lower the threshold for the people's courts to recognize well-known trademarks, and not deliberately encourage recognition or arbitrarily expand the scope of recognition, so as to ensure the seriousness of the judicial recognition of well-known trademarks by the people's courts. sex and authority.

Secondly, the knowledge involved in the recognition of well-known trademarks should be strictly reviewed In property rights dispute cases, parties must be resolutely prevented from obtaining recognition of well-known trademarks through "false litigation" or "fictitious litigation".

As more and more trademarks are recognized as well-known trademarks through judicial recognition, for a time, the recognition of well-known trademarks through judicial channels has become a hot topic in the business community. topic. At the same time, people have also raised concerns about the possible "set up" behavior, believing that it may lead to the recognition of "well-known trademarks" that are not worthy of their names and reduce the "gold content" of well-known trademarks.

Civil litigation and ordinary cases involving recognition of well-known trademarksCivil litigation is different. Ordinary civil litigation rarely involves the interests of outsiders or even the public, and basically only involves the rights and obligations between the parties involved in the case. Since well-known trademarks have stronger protective power, the results of well-known trademark recognition will directly affect competitors in the same industry. Therefore, the recognition of well-known trademarks caused by the conspiracy of the plaintiff and defendant is not only unfair to competitors in the same industry, but will also ultimately affect consumers as a vulnerable group, thereby fundamentally endangering the market order and violating the purpose of establishing the intellectual property system. , that is, balancing the interests of intellectual property rights holders and the public. Therefore, in the practice of judicial recognition of well-known trademarks, courts must strengthen their review of cases involving the recognition of well-known trademarks and resolutely prevent relevant parties from obtaining well-known trademark recognition through "fictitious litigation."

Third, cases involving the recognition of well-known trademarks must be heard strictly in accordance with the laws and relevant judicial interpretations, and well-known trademarks can only be recognized when necessary.

In cases involving the recognition of well-known trademarks, the recognition of well-known trademarks is not the ultimate goal of the case, but the recognition of well-known trademarks is only a prerequisite for determining infringement. Therefore, in judicial practice, only when it is truly necessary to identify a well-known trademark, the court can make the identification in strict accordance with the relevant provisions of the law and judicial interpretations, to prevent improper identification from damaging the credibility of the well-known trademark system.

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