What factors should be considered in the identification of well-known trademarks?

Now we all know that Trademark registration requires legal procedures, so what factors should be considered in the identification of well-known trademarks? The editor of Legal Savior Network will take you through it below, hoping it will be helpful to you.

What factors should be considered in the identification of well-known trademarks

According to China's 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;

(2) The duration of use of the trademark;

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

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not mean that the trademark must meet all the factors stipulated in this article. as a premise.

Accordingly, the following materials can be used as evidence to prove that the trademark is well-known:

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, Including relevant materials on the history and scope of use and registration of the trademark;

(3) Proof of the duration, extent and geographical scope of any publicity work for the trademark Relevant materials, including methods of advertising and promotional activities, geographical scope, types of publicity media, and amount of advertising;

(4) Proof of the trademark Relevant materials related to records of protection as a well-known trademark, including relevant materials indicating that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence materials 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.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.