What are the procedures and conditions for the recognition of well-known trademarks
Well-known trademark recognition procedures:
If an enterprise needs to apply for recognition of a well-known trademark, it must apply through the local province, autonomous region, The municipal administration for industry and commerce (hereinafter referred to as the provincial administration for industry and commerce) shall submit relevant materials. Provincial industrial and commercial bureaus should conduct a preliminary review of the relevant materials for enterprises to apply for recognition of well-known trademarks and sign their opinions. All provincial industrial and commercial bureaus should promptly report the relevant application materials that have passed their preliminary review and signed opinions to the State Administration for Industry and Commerce by mail.
When applying for recognition of a well-known trademark, an enterprise should submit The well-known trademark recognition application report must provide evidence that the trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided. These supporting materials mainly include:
1. Well-known trademarks A copy of the applicant’s business license;
2. If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a power of attorney signed by the applicant or an entrustment agreement (contract) signed by the applicant and the trademark agency;
3. The main economic indicators of the main goods or services using the trademark in recent years (stamp application should be provided Copies of annual financial statements or other statements with the special personal financial seal and the special seal of the local finance and taxation department, and industry certification materials should be issued by national industry associations or national industry administrative departments);
4. The sales or operation of the main goods or services using the trademark at home and abroad and region (relevant main sales invoices or copies of sales contracts should be provided);
5. The registration status of the trademark at home and abroad (the registration status of the trademark in all goods or service categories and in the country or region where it is located should be listed, and a copy of the corresponding trademark registration certificate should be provided );
6. Advertisements of this trademark in recent years Publication status (relevant main advertising contracts and copies of advertising pictures should be provided);
7. The earliest use and continuous use time of the trademark (the earliest sales invoice or contract for the goods or services using the trademark or the earliest advertisement or copy of the trademark registration certificate of the trademark should be provided);
8. Other documents proving that the trademark is well-known (such as Copies of provincial famous trademarks, etc.).
When an enterprise applies for recognition of a well-known trademark, it can prepare application materials by itself or entrust a trademark approved by the State Administration for Industry and Commerce. Agency agency. All provincial industrial and commercial bureaus will not accept application materials for well-known trademark recognition submitted by institutions or individuals who are entrusted with the trademark agency qualifications. Trademark agencies that accept the entrustment of enterprises to handle matters related to the application for well-known trademark recognition will not charge an appropriate fee. Except for the agency fee, no other fees may be charged to the client.
(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;
(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including advertisements Methods of publicity and promotional activities, geographical scope, types of publicity media, amount of advertising and other relevant materials;
(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 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.
Conditions for recognition of well-known trademarks:
To determine whether a trademark is a well-known trademark in China, the main criterion is the trademark’s popularity in the market It enjoys a high reputation and is 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 relevant public’s awareness of the trademark
Relevant public includes consumers related to a certain type of goods or services marked by the trademark, 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
span>The main ways for trademark owners to utilize and exercise their exclusive rights to trademarks is using its trademark. 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 intomaterial 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. Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark.
3. Continuation of any publicity work for the trademark Time, extent and geographical scope
In an increasingly competitive market In today's fierce world, both commodity manufacturers and service operators regard publicity and promotion of their products as top priority, and publicity efforts are constantly increasing. Especially with the development of communication technology and information network technology, television The publicity effect of various publicity media such as , radio, Internet, newspapers and periodicals is becoming more and more obvious. Many public’s knowledge of a certain brand (trademark) comes from various advertisements by manufacturers or operators. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the degree of public awareness of the trademark in a certain area. Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising, etc.
4. The trademark is protected as a well-known trademark Record
If a trademark has been a well-known trademark in our country If the trademark has been protected, the owner of the trademark can provide relevant supporting documents, which is a 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 filesIt also plays an important reference role when identifying well-known trademarks in my country. 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
span>This item is a blanket clause to adapt to the continuous development of Actual needs for well-known trademark protection.
During the actual operation, it is recommended to consult a professional If you have any opinions, ask the professional lawyers of Legal Savior Network to deal with it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
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