1. What is a well-known trademark and how much is the application fee for a well-known trademark?
Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the 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 the distribution channels.
Whether a trademark is a well-known trademark is passively determined, but it can be registered as a trademark. The registration fee is as follows:
1. Paper application fee standard (by category): 300 yuan (limited to 10 products in this category. For more than 10 products, for each product exceeding 1, an additional 30 yuan will be charged for each product).
2. Online application fee standard for accepting electronic documents (by category): 270 yuan (limited to 10 products in this category. For more than 10 products, every additional products, each product is charged an additional 27 yuan).
2. Factors that should be considered in determining well-known trademarks
(1) The degree of awareness of the trademark by the relevant public;
(2) The Duration;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
3. Can be used as well-known evidence materials
(1) Prove relevant Relevant materials on the 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 Relevant materials;
(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including advertising and promotional activities Method, geographical scope, type 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 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.
In accordance with the provisions of the Trademark and Implementation Regulations, when disputes arise during the process of trademark registration and trademark review, if the relevant parties believe that their trademarks are well-known, they may file a complaint with the Trademark Office or Trademark Office accordingly. The Trademark Review and Adjudication Board requests the recognition of a well-known trademark, rejects a trademark registration application that violates Article 13 of the Trademark Law, or cancels a trademark registration that violates Article 13 of the Trademark Law. When the relevant party files an application, it shall submit evidence proving that its trademark constitutes a well-known trademark.
The Trademark Office and the Trademark Review and Adjudication Board shall determine whether the trademark is constitute a well-known trademark.
[Warm Tips]The above is what the editor of Legal Savior Network summarized. This is based on the experience of current issues. Courts in different regions have subtle differences in trial standards. You must choose a professional lawyer to handle the case. Click for quick consultation to communicate with the lawyer one-on-one about your legal claims and safeguard your legitimate rights and interests!
No comments yet. Say something...