What materials should be prepared to apply for a well-known trademark?

Well-known trademarks cannot be applied for and can only be determined by administrative agencies or courts as facts that need to be determined in handling trademark cases. Consideration needs to be given to identifying well-known trademarks in trademark cases. Regarding the question of what materials should be prepared to apply for a well-known trademark, the editor of Legal Savior Network will answer it in detail for you below.

1. What materials should be prepared to apply for a well-known trademark?

1. Well-known trademark It cannot be applied for, and can only be determined by administrative agencies or courts as facts that need to be determined in handling trademark cases. When identifying a well-known trademark in a trademark case, the following needs to be considered:

(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 geographical scope of any promotional efforts for the trademark ;

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

(5 ) Other factors that make the mark famous. Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or devices, or in advertising, exhibitions and other commercial activities. From this, it can be seen that a well-known trademark itself cannot be used for advertising and has no practical use without being involved in a dispute. It is only possible during the dispute resolution process to prove to prevent others from preemptively registering or to prove the subjective malice of the trademark infringer. Have an effect.

2. Legal basis:

According to Article 14 of the Trademark Law of the People's Republic of China Article

Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when 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 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.

Producers and operators shall not use the words "well-known trademark" on goods, product packaging or equipment, or for advertising , exhibitions and other commercial activities.

2. Benefits of applying for famous trademarks

Strive to become famous Trademarks are an objective need to adapt to the development of market economy. The essence of market economy is to adjust all economic relations through the law of value. It is to allocate resources through the invisible hand of the market to screen and filter any products or enterprises entering the market. Therefore , In the market economy, survival of the fittest is its objective law, which is not subject to the will of any business operator. To gain a firm foothold in the market economy, any business operator can only seek its own survival by studying how to adapt to the law. and development. To strive for a famous trademark is to improve product quality, market share, market coverage, corporate culture, corporate image, corporate reputation, after-sales service, etc. in all aspects. The process of striving for creation is to improve The process is also a process of optimization. It is also a process of defeating other opponents and standing out in the same industry. In this sense, striving for a famous trademark is the only way to adapt to the development laws of the market economy and achieve the survival and development of enterprises. .

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