What should we pay attention to when judicially identifying well-known trademarks?

A trademark that has a high reputation within a certain geographical area and is known to most of the public is generally a well-known trademark. Well-known trademarks are based on registered trademarks, and usually require application for recognition before they can become well-known trademarks. So what should we pay attention to in the judicial determination of well-known trademarks? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What should be paid attention to in judicial determination of well-known trademarks

(1) Accurately grasp the identification standards and ensure judicial identification The authority and credibility of well-known trademarks

Intellectual property trial In the work, we must strictly grasp the standards for the identification of well-known trademarks, and resolutely avoid lowering the standards for the identification of well-known trademarks, so that trademarks that do not meet the conditions for being well-known will be recognized as well-known trademarks. Well-known trademarks exist objectively. Whether a trademark is well-known or not has nothing to do with whether the trademark has been recognized through legal procedures.

(2) Strict review involving the recognition of well-known trademarks In intellectual property dispute cases, parties must be resolutely prevented from obtaining recognition of well-known trademarks through "false litigation" or "fictitious litigation"

As more and more trademarks are recognized as well-known trademarks through judicial recognition, For a time, the identification of well-known trademarks through judicial channels has become a hot topic in the business community. At the same time, people have also raised concerns about the possible "set-up" behavior, believing that it may lead to the recognized "well-known trademarks" not being in accordance with their true names and being degraded.The “gold content” of well-known trademarks is low.

(3) Strictly comply with the law and relevant judicial interpretations stipulates that when hearing cases involving the recognition of well-known trademarks, well-known trademarks can only be recognized when it is truly necessary

In cases involving the recognition of well-known trademarks, the recognition of well-known trademarks is not the ultimate purpose of the case, but the recognition of well-known trademarks is only a prerequisite for determining infringement. Therefore, in judicial practice, only when it is truly necessary to identify a well-known trademark, the court can make the identification in strict accordance with the relevant provisions of the law and judicial interpretations, to prevent improper identification from damaging the credibility of the well-known trademark system.

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