What materials are required for recognition of well-known trademarks
When an enterprise applies for recognition of a well-known trademark, it should submit a well-known trademark recognition application report , the report must provide evidence of damage to its trademark rights. 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. A copy of the business license of the applicant for well-known trademark recognition
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 should be provided, or a letter of authorization signed by the applicant and the trademark agency should be provided. entrustment agreement (contract);
3. The main economic indicators of the main goods or services using the trademark in the past three years (should be provided with the applicant’s special financial seal and Copies of annual financial statements or other statements with 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. Sales or operation status and regions of the main goods or services using the trademark at home and abroad (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 categories of goods or services 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. The advertising release of this trademark in recent years (copies of relevant main advertising contracts and advertising pictures should be provided);
7. The earliest time of use and continuous use 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 supporting documents regarding the well-known trademark (such as copies of provincial famous trademarks, etc.).
Enterprises applying for recognition of well-known trademarks can prepare them by themselves Application materials can also be entrusted to a trademark agency approved by the State Administration for Industry and Commerce. Application materials for well-known trademark recognition submitted by institutions or individuals who are not qualified as trademark agents will not be accepted by the provincial industrial and commercial bureaus. Accept entrustment by enterprises. Trademark agencies that apply for recognition of well-known trademarks shall not charge any other fees from the client except appropriate agency fees.
Received by the industrial and commercial administration department How should an application for protection of a well-known trademark be handled?
According to the "Regulations on the Recognition and Protection of Well-known Trademarks", the industrial and commercial administrative department receives protection in the trademark management work After applying for a well-known trademark, a review should be conducted to see whether the case falls within the following circumstances stipulated in Article 13 of the Trademark Law:
(1) Others use the same or similar goods The unauthorized use of a trademark that is identical or similar to a well-known trademark that has not been registered in China by the party concerned, which is likely to cause confusion;
(2) Others use trademarks that are not identical or similar The unauthorized use of a trademark that is the same as or similar to a well-known trademark registered in China by the party concerned on the goods may easily mislead the public, causing the interests of the registrant of the well-known trademark to be damaged. For cases considered to fall into the above situation, the city (prefecture, state) The industrial and commercial administrative department shall, within 15 working days from the date of accepting the party's request, submit all case materials to the industrial and commercial administrative department of the local province (autonomous region, municipality directly under the Central Government) and issue a notice of case acceptance to the party; the province (autonomous region, municipality directly under the Central Government) ) The administrative department for industry and commerce shall submit all case materials to the Trademark Office of the State Administration for Industry and Commerce within 15 working days from the date of accepting the request of the party. The provincial administrative department for industry and commerce where the party is located believes that the case that occurred falls within the above situation. , or can be submitted to the Trademark Office. Cases that are not considered to fall into the above situations should be handled promptly in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations.
Provincial The administrative departments for industry and commerce (autonomous regions and municipalities directly under the Central Government) shall examine the case materials related to the protection of well-known trademarks submitted by the administrative departments for industry and commerce of the cities (prefectures, states) within their jurisdictions. Cases considered to fall into the above circumstances shall be reported to the administrative departments for industry and commerce within their respective jurisdictions. The case materials submitted by the industrial and commercial administrative department of the city (prefecture, state) shall be submitted to the Trademark Office within 15 working days from the date of submission. For cases that are not considered to fall into the above circumstances, the relevant materials shall be returned to the original agency that received the case, and shall be handled by them. In accordance with the Trademark Law and its Implementing RegulationsThe relevant provisions of the case shall be dealt with in a timely manner.
The Trademark Office shall make a determination within 6 months from the date of receipt of relevant case materials, and notify the province (autonomous region, municipality directly under the Central Government) where the case occurs of the determination result. The industrial and commercial administrative department shall send a copy to the industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) where the party is located. In addition to relevant materials proving that the trademark is well-known, the Trademark Office shall return other case materials to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the case occurs.
When protecting well-known trademarks, the Trademark Office, Trademark Review and Adjudication Board and local industrial and commercial administration departments should consider the distinctiveness and well-known degree of the trademark. The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.
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