1. What conditions need to be met to apply for a well-known trademark?
1. Apply for China A well-known trademark must be well-known in the same industry and have a high reputation. It ranks among the best in the same industry nationwide.
2. To apply for a Chinese well-known trademark, you must not only have a high reputation among peers, but also have a high degree of recognition among consumers. OK. It is worth noting that the degree of fame here must be nationwide, not a certain region.
3. To apply for a well-known Chinese trademark, according to business practices, the actual use time must be five years, and the logo and date of use of the trademark must be displayed. ,user.
4. The goods or services of the trademark must be among the best in the industry and occupy a large market share
This is mainly reflected in national statistical data, public or semi-public data from national industry associations, and the industry rankings and market share of applied Chinese well-known trademarks have a direct impact.
5. The investment, scope and extent of publicity of the trademark must be large
China where the application is made For well-known trademarks, in order to build the brand image, it is necessary to increase the degree of trademark popularity through advertising.
6. The trademark has a record of being protected as a well-known trademark
Although it has not been recognized It is a well-known trademark in China, but in trademark cases, it is recognized as a well-known trademark by the trademark administrative authorities or judicial authorities. In this case, these records that are protected as well-known trademarks can be provided, which will help to successfully apply for a well-known trademark in China. .
2. What are the protections for well-known trademarks in my country
Legal basis "Regulations on the Recognition and Protection of Well-known Trademarks"
Article 4
The recognition of well-known trademarks follows the principles of case-by-case recognition and passive protection.
Article 19
Administrative departments for industry and commerce at all levels should establish and improve the recognition of well-known trademarks Work supervision and inspection system.
The "Interim Provisions on the Recognition and Management of Well-known Trademarks" provides extended protection for well-known trademarks mainly in three aspects: Aspects:
1. Improper registration is prohibited. If you apply to register a trademark that is identical or similar to someone else's well-known trademark on non-similar goods and may harm the rights and interests of the well-known trademark registrant, the Trademark Office may reject the registration application. If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board to cancel it.
2. Improper use is prohibited. If a trademark that is identical or similar to another's well-known trademark is used on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant shall You can request the industrial and commercial administrative authorities to stop it.
3. It is prohibited to use it as a trade name. From the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not register it; if it has been registered, the well-known trademark registrant Cancellation can be requested. Article 13 of my country's revised Trademark Law extends the protection of well-known trademarks to non-similar goods or services, formally establishing the expanded protection of well-known trademarks in legislative form.
In summary, well-known trademarks are based on registered trademarks. Although our country’s laws do notThere are clear provisions on the protection period for well-known trademarks, but according to the protection period for registered trademarks, it is generally 10 years, and it will also be ten years if you apply for it after expiration. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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