1. From whom to apply for a well-known trademark
At present, domestic applications for well-known trademarks There are 4 ways:
1: Identify in trademark management cases (Trademark Office)
2: Recognition in trademark opposition (Trademark Office)
3: Recognition in trademark dispute (Trademark Review and Adjudication Board)
4: Determination in judicial proceedings (intermediate people's courts across the country)
2. What are the requirements for handling well-known trademarks in China?
《Trademark Law》《Rules for the Recognition and Protection of Well-known Trademarks》 : A trademark that is widely known to the relevant public in China and enjoys a high reputation is a well-known trademark. To determine whether a trademark is a well-known trademark in China, the main criterion is that the trademark enjoys a high reputation in the market and is well known to the relevant public. According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:
1. The degree of awareness of the trademark by the relevant public
According to the provisions of Article 2, paragraph 2, of the "Provisions on the Recognition and Protection of Well-known Trademarks", the relevant public includes consumers related to a certain type of goods or services indicated by the use of trademarks, manufacturers Other operators of the aforementioned goods or services, as well as sellers and related personnel involved in the distribution channels. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, ChiFamous does not mean being known by everyone or having a high reputation among all members of the public, but it just means being well-known among relevant consumers, that is, it does not have to be "widely known".2. Duration of use of the trademark
The exclusive use and exercise of the trademark by the trademark owner The main form of right is to use its trademark. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to the provisions of Article 3, Item 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark.
3. The duration, extent and geographical scope of any promotional efforts for the trademark
In today's increasingly fierce market competition, both commodity manufacturers and service operators regard publicity and promotion of their products as a top priority, and publicity efforts are constantly increasing, especially with the development of communication technology and information network technology. With the development of the brand, the publicity effect of various publicity media such as television, radio, Internet, newspapers and periodicals has become more and more obvious. Many public’s knowledge of a certain brand (trademark) comes from various advertising campaigns by manufacturers or operators. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the degree of public awareness of the trademark in a certain area. In accordance with the provisions of Article 3, Item 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks", relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials.
4. Record of the trademark being protected as a well-known trademark
If a trademark has been If a well-known trademark has been protected in my country, the owner of the trademark can provide relevant supporting documents, which is a very important reference value for determining whether the trademark is a well-known trademark. If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents are in our countryIt also plays an important reference role when identifying well-known trademarks. According to the provisions of Article 3, Item 4 of the "Provisions on the Recognition and Protection of Well-known Trademarks", 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 factors that make the trademark famous
This item is a blanket clause. Adapt to the ever-evolving practical needs for well-known trademark protection. According to the provisions of Article 3, Item 5 of the "Regulations on the Recognition and Protection of Well-known Trademarks", other evidence materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, and sales area of the main goods using the trademark in the past three years and other related materials.
The above is the answer given by the editor of Legal Savior Network to "Who can apply for a well-known trademark?" We can understand that currently, there are more than 4 well-known trademarks in China. ways, hope it helps. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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