What is the procedure for filing a well-known trademark application?

A well-known Trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. It is a combination of the trademark's popularity and reputation. So what is the procedure for filing a well-known trademark? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the procedure for filing a well-known trademark application

1. Service organization, responsibilities, and basis for service

1. Certification agency: State Administration for Industry and Commerce;

2. Office: Trademark Supervision Department of Provincial Administration for Industry and Commerce; Municipal (Prefecture) Industry and Commerce Trademark Supervision Department of the Bureau;

3. Service conditions: parties involved If you believe that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law of the People's Republic of China and request protection of its well-known trademark, and the case occurs in Heilongjiang Province and various cities (prefectures), you may file a petition with the province, relevant cities, and The local Industry and Commerce Bureau submits a written request to prohibit use and submits relevant materials proving that the trademark is well-known;

4. Service basis: "Trademark Law", "Trademark Law Implementation Regulations", "Well-known Trademark Recognition and Protection Regulations".

2. Service procedures and service time limits

1. After the trademark supervision department of the provincial bureau and the municipal (prefecture) level industrial and commercial bureau receives an application for the protection of a well-known trademark in the trademark management work, the case falls under Article 1 of the "Trademark Law of the People's Republic of China" If it falls under the circumstances specified in Article 13, it shall be accepted; if it is considered that it does not fall into this circumstance, it shall be dealt with promptly in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations;

2. For cases falling under the circumstances specified in Article 13 of the Trademark Law of the People's Republic of China, the party's request shall be accepted on its own initiative. Within fifteen working days from the date, all case materials will be submitted to the Provincial Administration for Industry and Commerce, which will then submit them to the National Trademark Office;

3. If the State Trademark Office determines a well-known trademark, it shall be based on Article 13 of the Trademark Law and Article 45 of the Trademark Law Implementing Regulations. Provide for the handling of the case;

4. Requirements for the parties A case in which the municipal (prefecture) bureau protects its trademark in accordance with Article 13 of the Trademark Law and provides records that the trademark has been protected as a well-known trademark by the relevant competent authorities in China. If the case is different from the case in which the trademark has been protected as a well-known trademark If the protection scope of the trademark is basically the same, and the other party has no objection to the trademark being well-known, or although it has objections, it cannot provide evidence that the trademark is not well-known, the municipal (regional) bureau may make a ruling on the case based on the conclusion of the protection record. Or deal with it. However, if the case accepted is different from the protection scope of the case that has been protected as a well-known trademark, or the other party has an objection to the trademark being well-known and provides the trademarkIf the evidence is not well-known, it shall be submitted to the State Trademark Office or the Trademark Review and Adjudication Board for re-identification according to the above procedures.

3. Materials to be submitted when applying for a well-known trademark

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

2. Proof of the duration of use of the trademark Materials, 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 the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising;

4. Records proving that the trademark is protected as a well-known trademark Relevant materials, 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 .

The above is the relevant information compiled by the editor of Hualu Knowledge, if you have more questions, you can consult a legal saviorContact a professional lawyer online, or directly entrust a lawyer on the Legal Savior Network to help you get out of your legal dilemma.