What are the matters concerning the administrative recognition of well-known trademarks?

The Supreme People's Court issued the "Interpretation on Several Issues Concerning the Applicable Law in the Trial of Civil Disputes Involving Computer Network Domain Names" and the "Interpretation on Several Issues Concerning the Applicable Law in the Trial of Civil Disputes over Trademark Cases", which determines the administrative determination of well-known trademarks in the court's hearing of relevant cases. What are they? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the matters concerning the administrative recognition of well-known trademarks

According to the "Provisions on the Recognition and Protection of Well-known Trademarks", combined with relevant judicial interpretations , there are four ways for enterprises to apply for recognition of well-known trademarks:

(1) When filing a trademark objection application, request the Trademark Office of the State Administration for Industry and Commerce for recognition;

(2) When filing a trademark dispute application, request the Trademark Review and Adjudication Board for recognition;

(3) When filing an infringement lawsuit with the court, request the court to recognize the trademark as a well-known trademark;

(4) In trademark management cases, the local industrial and commercial bureau will report them to the General Administration of Trademark for review. identified.

The first and second ways are administrative recognition of well-known trademarks, the third way is judicial recognition, and the fourth way In reality, it has been banned,

So far, our country is now A pattern has been formed in which administrative recognition and judicial recognition of well-known trademarks coexist.

Article 13 of the Trademark Law: If the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it may apply for well-known trademark protection in accordance with the provisions of this law.

The trademark applied for registration on the same or similar goods is Copying, imitating or translating other people's well-known trademarks that have not been registered in China, which may easily lead to confusion, will not be registered and their use will be prohibited.

Apply for registration of different or dissimilar goods If a trademark is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.

Article 14 A well-known trademark shall be registered in accordance with the trademark of the party concerned. Request to determine the facts that need to be determined in handling trademark cases. The following factors should be considered 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;

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(3) The duration of any publicity work for the trademark , extent and geographical scope;

(4) The A record of the trademark being protected as a well-known trademark;

( 5) Other factors that make the trademark famous.

Investigated and dealt with by the trademark registration review and industrial and commercial administration departments During the course of a trademark violation case, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.

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 the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.

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