What are the legal risks associated with the recognition of well-known trademarks
Legal risks, mainly manifested in the lack of identification conditions and the selection of identification channels .
1. The conditions for the recognition of well-known trademarks do not involve legal risks In terms of prevention, legally, the acquisition of a well-known trademark needs to meet strict conditions, otherwise it will not become a well-known trademark and thus obtain expanded legal protection. According to the law, regardless of the identification method, the following factors should be taken into consideration 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 The duration, extent and geographical scope of the trademark; (4) the record of the trademark being protected as a well-known trademark; (5) other factors that make the trademark famous. Therefore, the acquisition of a well-known trademark requires time and the accumulation of brand influence. During this process, the enterprise itself needs to have a wise attitude and legal awareness to strive for the protection of well-known trademarks, thereby creating conditions for the trademark to obtain good social and market effects. It should be fully Use the provisions of the law to your advantage.
2. Legal risks and prevention of well-known trademark recognition procedures Legally, the procedures for identifying well-known trademarks are divided into administrative procedures and judicial procedures. However, the standards and effects of final identification are the same. The identification of well-known trademarks follows the principle of case-by-case identification. The status of well-known trademarks is closely related to the state of market competition. Relationships are not static. Recognition of well-known trademarksIn fact, there is a certain degree of legal risk in establishing procedures. In order to prevent problems before they occur, timely identification through administrative procedures can achieve the effect of fixing evidence in advance. In litigation disputes that have already occurred, you can also take the initiative to file relevant lawsuits with the court. Application for recognition of well-known trademarks, or request for confirmation of recognized well-known trademarks. s
First of all, we The legal characteristics of well-known trademarks need to be clarified. A "well-known trademark" refers to a trademark that is well-known to the public in a considerable area of a country and has extremely high reputation for product or service quality and brand influence.
It can be seen that a well-known trademark may not be a registered trademark Trademarks, and whether a trademark is well-known or not, is an objective existence. Under certain conditions, it can be recognized and protected by law. Providing effective legal protection for well-known trademarks involves many issues, including the subject of identification of well-known trademarks, the standards and validity of identification, and the investigation of legal liability for infringement of well-known trademark rights.
In practice, there are often differences between "well-known trademarks" and There is confusion over “name brand products” within the local area. In fact, the essential difference between the two is that the scope of influence of a well-known trademark can radiate to the national or international scope and has a legal basis for recognition.
As for the identification of the latter, there is currently no unified legal basis, and it is only limited to a specific geographical scope. What we call the legal basis for the recognition of well-known trademarks refers to the fact that the right holder of a "well-known trademark" can confirm the "well-known trademark" through administrative procedures or judicial procedures stipulated by law, thereby obtaining the "proof of rights" for claiming rights in advance. Obtaining expanded legal protection, effectively stopping infringement, and creating legally strong evidence conditions are also the reasons for enterprises to strive to protect "well-known trademarks"the legal reasons and significance of protection.
Therefore, although whether a trademark is well-known is an objective exists, but if the well-known trademark recognition can be obtained in time, it will help the well-known trademark obtain timely and maximum legal protection, and the ways or methods of recognition are also different. Therefore, in the process of well-known trademark recognition, there are also certain legal risks, mainly manifested in the lack of recognition conditions and the selection of recognition channels.
The conditions for the recognition of well-known trademarks do not meet the legal risks and prevention
Legally, the acquisition of a well-known trademark needs to meet strict conditions, otherwise it will not be able to become a well-known trademark and thus obtain expanded legal protection. According to legal provisions, no matter what the identification method is, 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 promotional efforts for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous. Therefore, obtaining a well-known trademark requires time and the accumulation of brand influence. In this process, the enterprise itself needs to have a wise attitude and legal awareness to strive for the protection of well-known trademarks, so as to create conditions for the trademark to obtain good social and market effects, and should make full use of legal provisions for its own use.
The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters If you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
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