How to apply for a well known trademark? What are the conditions?

What are the requirements for applying for a well-known trademark in China?

I'll answer. 6 articles.

Future Laws. Know Partner 2018-06-14

The recognition of well-known trademarks in China is based on different legal demands, and two methods are adopted: administrative recognition and judicial recognition, and the recognition authorities are: (1) the Trademark Office of the State Administration for Industry and Commerce, (2) the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and (3) the people's courts at or above the intermediate level.

Administrative recognition of well-known trademarks:

1. According to the Trademark Law and relevant administrative regulations, the recognition of well-known trademarks is through the regular and unified recognition of the Trademark Office of the State Administration for Industry and Commerce, and the principle of recognition of well-known trademarks is "passive identification, case-by-case examination and approval".

2. If the party concerned believes that the trademark registered by another person has maliciously infringed upon the rights and interests of the party, it shall directly submit a dispute ruling to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and apply for recognition as a well-known trademark.

Judicial determination of well-known trademarks: In the trial of trademark dispute cases, the court shall make a determination on whether the registered trademark involved is well-known in accordance with the law according to the request of the parties and the specific circumstances of the case. That is, judicial recognition, the principles for the recognition of well-known trademarks are:

Case-by-case determination, passive protection".

Procedures for enterprises to apply for administrative recognition of well-known trademarks.

If an enterprise needs to apply for recognition of a well-known trademark, it must submit materials through the Administration for Industry and Commerce.

Conditions for enterprises to apply for administrative recognition of well-known trademarks.

1. The enterprise applying for a well-known trademark shall be a provincial famous trademark recognized by the Provincial Administration for Industry and Commerce.

2. The trademark has high visibility and good reputation. According to the conditions stipulated in the Provisions on the Recognition and Protection of Well-known Trademarks:

1) The sales volume and sales area of the goods using the trademark in China;

2) The economic indicators (annual output, sales, profit, market share, etc.) of the goods using the trademark in the past three years and their ranking in the same industry in China;

3) The sales volume and sales area of the goods using the trademark in foreign countries (regions);

4) the advertisement of the trademark;

5) the earliest and continuous use time of the trademark;

6) The registration of the trademark in China and foreign countries (regions);

7) Other evidence of the well-known trademark.

The so-called famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well known to the relevant public, and is recognized in accordance with the law.

Required materials: ordinary trademarks that have been successfully registered and have a certain degree of well-known steps Method recommendation: After the Municipal Administration for Industry and Commerce accepts the application, it is considered to meet the conditions for the recognition of provincial famous trademarks, and it is recommended to the Provincial Famous Trademark Recognition Committee after signing the recommendation; where it is found that it does not meet the requirements for designation, it will not be recommended and the applicant will be notified;

Identification: The Provincial Administration for Industry and Commerce organizes the establishment of the Provincial Famous Trademark Recognition Committee, which is responsible for the identification of famous trademarks in the province. If it is recognized as a provincial famous trademark, the Provincial Administration for Industry and Commerce shall issue the "Provincial Famous Trademark Certificate" and make an announcement; If it is not identified, the Provincial Administration for Industry and Commerce shall return the materials and explain the reasons in writing;

Continuation: The validity period of a well-known trademark is three years, and if the title of "Provincial Famous Trademark" needs to be retained after the expiration of the validity period, the trademark owner shall submit an application for renewal three months before the expiration of the validity period of the famous trademark, and the filing and examination of the renewal application shall be subject to the initial recognition procedure of the famous trademark.

Precautions: The application for a famous trademark is successful Then the quality of your products should reach double excellence, and the company's quality, environment and safety management should meet international standards, and pass the certification and accreditation of national authoritative institutions. Article 14 of the Trademark Law The following factors shall be considered in determining a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

According to the existing experience and the characteristics of a well-known trademark, a well-known trademark should meet the following conditions:

1) The trademark design is original;

2) the trademark has been used for a long time;

3) The quality of the goods or services designated by the trademark is good and stable;

4) The goods using the trademark have a large market coverage and a large sales volume;

5) The advertising investment of the trademark increases in proportion to the sales volume of the goods or the income from services;

6) Registered the trademark in the relevant country and sold the goods designated by the trademark or carried out business services;

7) Have a high reputation and reputation in the same industry;

8) Be well-known to a considerable range of consumers.

A well-known trademark cannot be applied for, and can only be determined by an administrative authority or a court as a fact that needs to be determined in handling a trademark case. To identify a well-known trademark in a trademark case, it is necessary to consider: (1) the degree of awareness of the trademark by the relevant public; 2) the duration of use of the trademark; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

Producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, 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 publicity, and is of no practical use in the absence of a dispute, and can only be effective in the process of dispute resolution in order to prove that it prevents others from preemptively registering or to prove the subjective bad faith of the trademark infringer. Legal basis:

Article 14 of the Trademark Law of the People's Republic of China A well-known trademark shall, at the request of the parties, be recognized as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in 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; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

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

1. The substantive elements and elements of a well-known trademark are relatively abstract, so it is difficult to operate and control in practice.

2. Determine the abuse of discretion of the law enforcement department, so everyone needs to maintain a good law enforcement order when registering.

3. The formal requirements can ensure the relative stability of the well-known trademark, so that the protection of the well-known trademark can be based on the law.

1. It must be a trademark with a good reputation for product quality;

2. Trademarks that are well known to the public;

3. A trademark that enjoys a reputation within a considerable geographical scope.

1. What is the recognition of a well-known trademark?

The recognition of a well-known trademark is based on: the degree of awareness of the trademark by the relevant public; the duration of the use of the trademark; the duration, extent and geographical scope of any publicity work for the trademark; a record of the trademark being protected as a well-known trademark; Other factors that make the mark well-known. A well-known trademark is a trademark that is well known to the relevant public in China.

2. What are the legal consequences of the transfer of a well-known trademark?

1) 1. Legal consequences of the transfer of a well-known trademark: After the transfer of a well-known trademark, the registered trademark is still a well-known trademark within the validity period of the registered trademark, but the right of use belongs to the transferee. An enterprise shall go through the formalities for the transfer of the registered trademark in a timely manner due to merger, separation or merger.

If the enterprise has been deregistered, its trademark ownership will naturally disappear and the trademark transfer procedures can no longer be handled. If the transferor registers the same or similar trademark on the same or similar goods, it must be transferred at the same time. If an application is made for the transfer of a registered trademark, the transferor and the assignee shall jointly submit an application to the Trademark Office, and the assignee shall go through the application procedures for the transfer of the registered trademark.

2) 2. Application conditions for well-known trademarks in China: 1. It must be a trademark with a good reputation for product quality. 2. A well-known trademark is a trademark or a well-known trademark that is widely known to consumers and operators, or a trademark that enjoys "significant prestige".

3. A trademark that enjoys a reputation within a considerable geographical scope. 4.A trademark that has been selected by consumers and recognized by specific authorities.

3. What are the requirements for applying for a well-known trademark in China?

The following conditions are required to apply for a well-known trademark in China: (1) the majority of the relevant public knows the trademark and has a high reputation and reputation; (2) the duration of use of the trademark is relatively long; (3) the duration of any publicity work for the trademark is long, large, and geographical; (4) The trademark has a record of being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

Article 14 of the Trademark Law provides that a well-known trademark shall, at the request of the parties, be recognized as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in 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; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

To apply for a well-known trademark, the following conditions must be met:

1. The trademark is well-known to the relevant public;

2. The trademark has a certain publicity time and geographical scope;

3. The use of the trademark has a certain duration;

4. Other conditions that need to be met to apply for a well-known trademark.

Legal basis:Article 13 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Article 14. A well-known trademark shall be determined as a fact that needs to be determined in handling a trademark case at the request of the person concerned. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

To apply for a well-known trademark, the following conditions must be met: the trademark is well-known to the relevant public, has a record of being protected as a well-known trademark, has a certain period of use, and has a certain duration and geographical scope of publicity for the trademark.

Legal basis:

Article 13 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Article 14. A well-known trademark shall be determined as a fact that needs to be determined in handling a trademark case at the request of the parties involved in the Kongmintan. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.