What are the legal conditions for determining a well-known trademark?
To determine whether a trademark is a well-known trademark in China, the main criterion is that the trademark has a high reputation in the market reputation and well-known to the relevant public. According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:
1. The degree of awareness of the trademark by the relevant public
strong>According to the provisions of Article 2, paragraph 2, of the "Provisions on the Recognition and Protection of Well-known Trademarks", the relevant public includes a certain type of goods or products indicated by the use of a trademark. Service-related consumers, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels, etc. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public."
The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, well-known does not mean that it is recognized by everyone or has a high reputation among all members of the public, but it means that it is well-known among relevant consumers, that is, it does not need to be "widely known".
2. Duration of use of the trademark
The main way for trademark owners to utilize and exercise their exclusive rights is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known.. For registered trademark rights holders, using the trademark is their obligation.
Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to Article 9 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark.
3. The duration, extent and geographical scope of any publicity work for the trademark
In today's increasingly fierce market competition, both commodity manufacturers and service operators regard publicity and promotion of their products as a top priority, and publicity efforts continue to increase, especially with the With the development of communication technology and information network technology, the publicity effect of various publicity media such as television, radio, Internet, newspapers and periodicals has become more and more obvious. Many public’s knowledge of a certain brand (trademark) comes from the manufacturer or operator various advertising campaigns.
Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the public awareness of the trademark in a certain area. degree of awareness. According to the provisions of Article 9, Item 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials.
4. Record that the trademark is protected as a well-known trademark
If a trademark has been protected as a well-known trademark in my country, then the owner of the trademark can provide relevant supporting documents, which is of very important reference value for determining whether the trademark is a well-known trademark. If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents also play an important reference role in identifying well-known trademarks in my country. According to the provisions of Article 9, Item 4 of the "Provisions on the Recognition and Protection of Well-known Trademarks", 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 factors that make the trademark famous
This item is a blanket clause to meet the evolving actual needs of well-known trademark protection. According to the provisions of Article 9, Item 5 of the "Provisions on the Recognition and Protection of Well-known Trademarks", other evidence proving that the trademark is well-known Materials, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.
"Well-known Trademark Recognition Article 13 of the Trademark and Protection Regulations stipulates: “When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider all factors stipulated in Article 14 of the Trademark Law, but this does not mean that the trademark must meet all the factors stipulated in this article. as a premise. ”
The above knowledge is the answer of the editor of Legal Savior Network to the question "What are the legal conditions for the recognition of well-known trademarks". If readers need legal help , welcome to the Legal Savior Network for legal consultation.
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