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If you are submitting a direct declaration, I suggest that you do not waste time if the scale of the enterprise is not more than 100 million, it is difficult to approve the report of well-known trademarks, and it is necessary to start such as trademark opposition, trademark infringement cases, relying on judicial recognition so that the speed is a little faster, well-known trademarks are not enough to just submit information, but also need a super high ranking in the industry, and their own enterprise strength. Hehe, but I also wish you to get a well-known trademark, and your corporate brand value will increase by at least 20 times, 20 times is too little hahaha.
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The following materials can be used as evidence to prove the well-known name of the trademark:
1) Relevant materials proving the degree of awareness of the relevant public about the trademark;
2) Relevant materials proving the duration of use of the trademark, including relevant materials on the history and scope of use and registration of the trademark;
3) Relevant materials proving the duration, extent and geographical scope of any publicity work of the trademark, including the manner, geographical scope, type of publicity and advertising volume of advertising and activities;
4) Relevant materials proving the record of protection of the trademark 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 evidentiary materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years.
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Formally submit an application to the county (city, district) Administration for Industry and Commerce (Branch) and provide the following application materials: (1) Basic information: Applicant's profile and enterprise development history; the size of the enterprise, assets, main economic indicators and development trends, etc.; the production and operation of the main goods or services referred to in the trademark; the quality of the goods and the reputation of the market, the degree of awareness of the relevant public, etc.; corporate integrity, environmental protection, enterprise employment and social labor security, etc.; Trademark registration, management and anti-counterfeiting, rights protection, advertising, etc.
2) Proof of the entity's legality. 1. A copy of the business license or other valid qualification certificates of the enterprise legal person; 2. A copy of the "Organization Certificate". (3) Materials proving the duration of use of the trademark.
1. A copy of the "Trademark Registration Certificate" or the equivalent valid trademark registration certificate (confirmed by the seal of the local industrial and commercial administrative department) and the trademark logo (4cm 4cm in quadruplicate); 2. The trademark logo actually used on the goods is consistent with the trademark graphics, words, scope of use of the trademark, and the trademark holder approved by the Trademark Registration Certificate; 3. Proof of the earliest use and continuous use of the trademark; 4. Proof of trademark registration abroad. (4) Relevant materials to prove the publicity and work of the trademark. That is, the advertising and corporate image publicity of the enterprise related to the trademark, including the publicity method, geographical scope, type of publicity and advertising volume and other relevant materials; (5) Relevant materials proving the degree of awareness of the relevant public about the trademark.
1. Trademark marking, product production and sales, industry ranking and other relevant supporting materials; 2. Proof of the distribution of trademark-marked goods in domestic sales or service areas and monopoly outlets; 3. Proof of export sales of trademark-marked goods; 4. Relevant certification materials that reflect the popularity, reputation and trust of the public in the trademark marked. (6) Relevant materials to prove the record of the protected trademark. 1. Proof of the importance of the enterprise to trademark protection and the trademark management organization, personnel and trademark management; 2. The degree and scope of infringement of the trademark and the relevant supporting materials of the protected record.
7) Other supporting materials to prove that the trademark is well-known. 1. Proof of the development and changes of the output, sales volume and sales revenue of the main commodities using the trademark in the past three years; 2. Proof of changes in profits and taxes of the main commodities using the trademark in the past three years; 3. Proof of foreign exchange earnings from the export of the main commodities of the export enterprise using the trademark; 4. Proof of the test conclusion of the goods using the trademark in the unified inspection, sampling, regular and daily supervision and inspection organized by the quality supervision and food hygiene supervision departments (the exemption certificate shall be provided for the products exempted from inspection); 5. Trademark market reputation and awards at or above the municipal level; 6. It is a high-tech enterprise, and valid certification materials are provided.
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Formally apply to the county (city, district) Administration for Industry and Commerce (branch) and provide the following application materials:
1) Basic information:
Applicant's profile, business history;
the size of the enterprise, assets, main economic indicators and development trends, etc.;
the production and operation of the main goods or services referred to in the trademark;
the quality of the goods and the reputation of the market, the degree of awareness of the relevant public, etc.;
corporate integrity, environmental protection, enterprise employment and social labor security, etc.;
Trademark registration, management and anti-counterfeiting, rights protection, advertising, etc.
2) Proof of the entity's legality.
1. A copy of the business license or other valid qualification certificates of the enterprise legal person;
2. A copy of the "Organization Certificate".
(3) Materials proving the duration of use of the trademark.
1. A copy of the Trademark Registration Certificate or an equivalent valid trademark registration certificate (confirmed by the seal of the local administrative department for industry and commerce) and the trademark logo (5cm 4cm in quadruplicate);
2. Proof that the trademark logo actually used on the goods is consistent with the trademark graphics, words, scope of use of the trademark and the trademark holder approved on the Trademark Registration Certificate;
3. Proof of the earliest use and continuous use of the trademark;
4. Proof of trademark registration abroad.
4) Evidence that the trademark publicity and work are dry and closed. That is, the advertising of the company's goods related to the trademark is not related to the celebration and corporate image publicity, including the publicity method, geographical scope, type of publicity and advertising volume and other relevant materials;
(5) Relevant materials proving the degree of awareness of the relevant public about the trademark.
1. Trademark marking, commodity product destruction, quantity and industry ranking and other relevant supporting materials;
2. Proof of the distribution of trademark-marked goods in domestic sales or service areas and monopoly outlets;
3. Proof of export sales of trademark-marked goods;
4. Relevant certification materials that reflect the popularity, reputation and trust of the public in the trademark marked.
(6) Relevant materials to prove the record of the protected trademark.
1. Proof of the importance of the enterprise to trademark protection and the trademark management organization, personnel and trademark management;
2. The degree and scope of infringement of the trademark and the relevant supporting materials of the protected record.
7) Other supporting materials to prove that the trademark is well-known.
1. Proof of the development and changes of the output, sales volume and sales revenue of the main commodities using the trademark in the past three years;
2. Proof of changes in profits and taxes of the main commodities using the trademark in the past three years;
3. Proof of foreign exchange earnings from the export of the main commodities of the export enterprise using the trademark;
4. Proof of the test conclusion of the goods using the trademark in the unified inspection, sampling, regular and daily supervision and inspection organized by the quality supervision and food hygiene supervision departments (the exemption certificate shall be provided for the products exempted from inspection);
5. Trademark market reputation and awards at or above the municipal level;
6. It is a high-tech enterprise, and valid certification materials are provided.
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Materials to be submitted to apply for recognition of a well-known trademark:
1. Applicant's identification materials;
2. Written application;
3. Materials that can prove that the relevant public awareness of the trademark, the duration of the use of the trademark and other information meet the conditions of a well-known trademark;
4. Other materials.
[Legal basis].
Article 13 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, at the request of the parties, be determined as a fact that needs to be determined in handling a trademark case. The following factors should 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;
3) the duration, extent and geographical scope of any publicity work for the positive empty trademark;
4) a record of the trademark being protected as a well-known trademark;
5) Other factors that make the trademark well-known.
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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 for the mark; 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 for the mark; 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.
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Materials to be submitted for the declaration of well-known trademarks (the following materials in triplicate):
1. Enterprise qualification;
1. Business license of the main company and branches;
2. Enterprise certificate;
3. Tax (national and local tax) registration certificate;
4. Coloring map of factory area and office environment, and company profile;
5. List and color map of the company's production and inspection equipment;
6., product color book;
2. Trademark registration certificate.
Domestic and foreign trademark registration certificates and related certificates (such as renewal, change, transfer, etc.) 3. The advertising of the trademark in the past three years.
1. Advertising contracts, invoices, CCTV and local advertising tracking and monitoring reports of the main company and branches;
2. Body advertising;
3. **Report;
4. Advertising brochures;
5. TV commercials;
6. Investment in social welfare undertakings;
4. Certificate of honor.
5. The sales volume and sales area of the goods using the trademark in the past three years 1, the certificate of the industry association and the balance sheet, profit and loss statement, tax payment certificate and customs export certificate of 2003-2005;
2. The contract between your company and the region;
3. Provide sales network diagram, list of domestic and foreign dealers and related products;
4. Some domestic and foreign sales invoices or export invoices;
6. Other supporting materials, including:
1. Product inspection reports over the years;
2. Quality certification;
3. Your company's objection, the ruling on winning the dispute and the penalty decision of the Industrial and Commercial Bureau;
4. Proof of the earliest use of the trademark, such as the outer packaging, contract and invoice of the product or the quality inspection report of the earliest use of the trademark;
5. Reference for leaders at or above the provincial level**;
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The documents required to apply for a well-known trademark are not so specific, but the trademark must be registered for more than 3 years (unless a particularly good enterprise is an exception). Others are flexible, such as taxes, profits, market share, industry rankings, public awareness, advertising investment, etc., are all to be reflected, and they are also indicators of review
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(1) The sales volume and sales area of the goods using the trademark in China;
2) The main 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 of the trademark;
6) The registration of the trademark in China and foreign countries (regions);
7) Other documents proving that the trademark is well-known.
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Application materials for recognition of well-known trademarks.
1. A copy of the copy of the business license of the applicant for the recognition of well-known trademarks;
2. If the applicant for the recognition of a well-known trademark entrusts a trademark agency, it shall provide a power of attorney signed by the applicant, or an entrustment agreement (contract) signed between the applicant and the trademark agency;
3. Use the main goods or services of the trademark for the main economic indicators (copies of the annual financial statements or other statements stamped with the special seal of the applicant's financial department and the special seal of the local finance and taxation departments shall be provided, and the industry certification materials shall be issued by the national industry association or the national industry administrative department);
4. The sales or operation of the main goods or services using the trademark at home and abroad and the region (copies of the relevant main sales invoices or sales contracts should be provided);
5. The registration of the trademark at home and abroad (the registration 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);
7. The earliest and continuous use time of the trademark (the earliest sales invoice or contract for the goods or services using the trademark or the earliest advertising or trademark registration certificate of the trademark shall be provided);
8. Other supporting documents related to the well-known trademark (such as a copy of the provincial famous trademark, etc.).
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